H1 Xtension with new Employer - But Previous employer I94 valid for another year

[ssv007]

Hi,

I have been in USA for the last 4 years. I have changed my employer last Jan'2015.

With my new employer, during H1 Transfer I got Work Permit till Jan'2016. But with my previous employer I had validity till Jan'2017 and also I have valid VISA stamping till Jan'2017 (So my I-94 has date as Jan'2017).

Now my question is,

Can I apply H1X with my new employer because it is expiring in 5 months? (I think, Since my employer got changed, my valid visa is invalidated and my new I-94 should be based on the date present in H1 Transfer)

If I can't apply H1X bcs of I-94 is valid till Jan'2017 then What will happen if I want to go to india in the mid of 2016 (Jun /July).

I am confused, Please help.

thanks

[shervin143]

Your most recently received I-94 is the one that you should look at. If your current employer's petition and I-94 will expire in Jan 2016, then it is time you file the extension now to get the petition and I-94 extended. Your visa in the passport (from your previous employer) will be valid. So you can use that to return back after your trip to India. You will have to show your most recent approval notice at the POE.