H1B Approved but no I94 attachd

[BRK]

Hello, I need a clarification on my current situation.

I resigned my Employer A in Feb 2015 and went back to India. My H1B visa was valid until Sep 30 2015.

I have applied a new petition with Employer B and got receipt in July 15th 2015 and traveled to Us with Employer A visa and started working with Employer B. I continued to stay in US after my visa expired (30 Sep 2015). My H1B got approved on January 7th with no I-94 attached to it . Received I-797B with consulate processing.

Now my question is:
1) Is it OK to travel with Employer A visa when new petition with employer B under process?
2) The period from 1st Oct 2015 to till date will be considered as legal presence or not?
3) Do I need to start immediately to India for visa stamping or any time period available?
4) what are the chances of getting a visa stamped in India conciliate?
5) Please let me know if any other complications with the current situation.

Let me know if you need any additional information.

Thank,
BRK

[shervin143]

How did you travel to U.S when you transfer is under progress? Using employer A's visa is okay. But did you show employer A's approval notice at the POE to enter U.S and then started working for employer B? That is illegal employment. Of course your transfer will get approved only for consular process since it was initiated when you were outside U.S.

1) Is it OK to travel with Employer A visa when new petition with employer B under process?
>>> Visa is okay, but using employer A's petition to work for employer B is pure illegal.

2) The period from 1st Oct 2015 to till date will be considered as legal presence or not?
>>> It won't be considered to be illegal presence. But it will be treated as out of status and illegal employment.

3) Do I need to start immediately to India for visa stamping or any time period available?
>>> You shouldn't even be in U.S at the first place. Leave immediately.

4) what are the chances of getting a visa stamped in India conciliate?
>>> Hard to say. It depends on the VO and how much they check your history. If they figure out that you were out of status in U.S and that you worked unauthorized, then it will be a big problem.

[BRK]

How did you travel to U.S when you transfer is under progress? Using employer A's visa is okay. But did you show employer A's approval notice at the POE to enter U.S and then started working for employer B? That is illegal employment. Of course your transfer will get approved only for consular process since it was initiated when you were outside U.S.

1) Is it OK to travel with Employer A visa when new petition with employer B under process?
>>> Visa is okay, but using employer A's petition to work for employer B is pure illegal.

2) The period from 1st Oct 2015 to till date will be considered as legal presence or not?
>>> It won't be considered to be illegal presence. But it will be treated as out of status and illegal employment.

3) Do I need to start immediately to India for visa stamping or any time period available?
>>> You shouldn't even be in U.S at the first place. Leave immediately.

4) what are the chances of getting a visa stamped in India conciliate?
>>> Hard to say. It depends on the VO and how much they check your history. If they figure out that you were out of status in U.S and that you worked unauthorized, then it will be a big problem.

I did not show my Employer A visa at POE. My employer B said I can travel with receipt notice. I just entered on visa only. Did not even show the receipt.

[shervin143]

You did not have an approval notice from B to show at the POE. You also do not have a visa stamped using employer B's approval notice to show at the POE. I have no clue how they let you in. Usually one cannot enter U.S with just the receipt number. Since the officer did not even ask you to show your approval notice (very strange) he/she might have gone with the information associated with your visa stamped in your passport which is with employer A. When does your I-94 received at the POE expire? It is better you leave the country immediately and return using the newly approved petition.

I did not show my Employer A visa at POE. My employer B said I can travel with receipt notice. I just entered on visa only. Did not even show the receipt.

[BRK]

You did not have an approval notice from B to show at the POE. You also do not have a visa stamped using employer B's approval notice to show at the POE. I have no clue how they let you in. Usually one cannot enter U.S with just the receipt number. Since the officer did not even ask you to show your approval notice (very strange) he/she might have gone with the information associated with your visa stamped in your passport which is with employer A. When does your I-94 received at the POE expire? It is better you leave the country immediately and return using the newly approved petition.

My Employer B saying that based on "H1B Portability" rule I can work with new employer on receipt notice. Can you able to explain this? Thank you for the quick replays...

[shervin143]

H1B portability rule applies only when you are already in U.S in H1B status, hence you can port your status from one employer to another. Meaning, say you are already in U.S working for employer A in H1B status and then you filed a transfer from A to B. You are allowed to quit employer A and start working for B based on the receipt notice since you are already in U.S in H1B status. In your case, you were outside U.S. When you are outside U.S, you hold no status. In this case, you cannot enter U.S using just the receipt notice. I think you were so lucky to get through POE without any issues.

My Employer B saying that based on "H1B Portability" rule I can work with new employer on receipt notice. Can you able to explain this? Thank you for the quick replays...