Urgent: I797 from current & next employer. Which to use at port of entry next week?

[pkt158]

Hi,

I have two I797 from my current employer - A, and next employer - B. The change of employment was filed/approved while I was outside US. I will return to US on April 4th. I intend to resign at company A with a week's notice, and join company B on April 11th.

I am told that if:
1. I use company A's, I797, I will have to re-enter US with company B's I797 at port of entry.
2. I use company B's, I797, I will not be able to continue at Company A, and thus resign.

My questions are:
1. Can I enter US with Company B's I797 form, and still resign at Company A after entering US?
2. Could we avoid an international travel for the sake of activating Company B's I797 petition?
3. Would you recommend, however unlikely, investigating the possibility to resign at Company A while outside US?
4. I have a valid visa stamp from Company X, my previous employer. Do I need a new Visa stamp from Company A or Company B?

I am really thankful for this forum since I have found very good discussions and timely responses.

[raghvi]

Hi,

I have two I797 from my current employer - A, and next employer - B. The change of employment was filed/approved while I was outside US. I will return to US on April 4th. I intend to resign at company A with a week's notice, and join company B on April 11th.

I am told that if:
1. I use company A's, I797, I will have to re-enter US with company B's I797 at port of entry.
2. I use company B's, I797, I will not be able to continue at Company A, and thus resign.

My questions are:
1. Can I enter US with Company B's I797 form, and still resign at Company A after entering US?
2. Could we avoid an international travel for the sake of activating Company B's I797 petition?
3. Would you recommend, however unlikely, investigating the possibility to resign at Company A while outside US?
4. I have a valid visa stamp from Company X, my previous employer. Do I need a new Visa stamp from Company A or Company B?

I am really thankful for this forum since I have found very good discussions and timely responses.

1. If you enter on B's I797 you have to work for them, if you enter on A's I797 you have to work for them. I dont know how you plan to work for B but still resign from A.
2. I dont think so.
3. That depends upon A's internal policies and your terms of employment agreement with them.
4. Not necessary, but you will most likely get I-94 only till X's visa expiry date, even if you have an I797 from B stretching beyond the visa expiry.

This is my opinion not legal advice.