i797 with no i94 Issue

[vrkflorida]

Hi

I am in a different kind of situation please advice me -

I recently transferred my H1B from A to B and I got new i797 (Valid until 2018) with no i94 on it. They said it is because I had some gap while changing from A to B. Employer B is saying I have to go out from US to get new i94, even I have to go for stamping as it got expired 1 year ago.

Q1) What happens if I change my employer again (as I got another offer) with no gap, would I get the new i797 with i94? or else I must have to get the VISA stamping before moving to new employer?
Q2) Can I process my spouse H4 visa by showing my current i797 (Valid until 2018) with no i94 on it?

[shervin143]

Q1) What happens if I change my employer again (as I got another offer) with no gap, would I get the new i797 with i94? or else I must have to get the VISA stamping before moving to new employer?
>>> IT won't work. Your were out of status for a period between your employment and so the transfer got approved without a new I-94. I am hoping that you have already started working for employer B. Now if you transfer your H1B from B to C without a valid I-94, the transfer to C will also get approved for consular process. It is better you leave the country asap to avoid accumulating more out of status period. Get your H1B visa stamped using B's petition and return back. Once you are back, you can file a transfer from B to C.

Q2) Can I process my spouse H4 visa by showing my current i797 (Valid until 2018) with no i94 on it?
>>> Yes. I am guessing you are asking about applying for the H4 visa at the U.S consulate for your wife who is currently outside U.S and not about filing H4 petition for your wife who is already in U.S.

[vrkflorida]

[QUOTE=shervin143;440725]Q1) What happens if I change my employer again (as I got another offer) with no gap, would I get the new i797 with i94? or else I must have to get the VISA stamping before moving to new employer?
>>> IT won't work. Your were out of status for a period between your employment and so the transfer got approved without a new I-94. I am hoping that you have already started working for employer B. Now if you transfer your H1B from B to C without a valid I-94, the transfer to C will also get approved for consular process. It is better you leave the country asap to avoid accumulating more out of status period. Get your H1B visa stamped using B's petition and return back. Once you are back, you can file a transfer from B to C.

>>>>Thank you very much Shervin! Can I transfer my H1B to Employer "C" on premium processing and then go for VISA stamping? as I don't want to work with Employer B and I got good offer with employer C in better location?


Q2) Can I process my spouse H4 visa by showing my current i797 (Valid until 2018) with no i94 on it?
>>> Yes. I am guessing you are asking about applying for the H4 visa at the U.S consulate for your wife who is currently outside U.S and not about filing H4 petition for your wife who is already in U.S.

>>>>Yes she is out of US however I am still under dilemma if I can provide my i797 without i94 on it then she would get the VISA or not?

[shervin143]

Thank you very much Shervin! Can I transfer my H1B to Employer "C" on premium processing and then go for VISA stamping? as I don't want to work with Employer B and I got good offer with employer C in better location?
>>> Have you already started working for B?

Yes she is out of US however I am still under dilemma if I can provide my i797 without i94 on it then she would get the VISA or not?[/QUOTE]
>>> Your I-94 is not required for your dependents to get their H4 stamped. Your H1B approval notice is what is needed. BUt if you are out of status on H1B, then getting the H4 can become an issue if the VO figures it out.