I-94 Record of Changes

[chenman]

would like to seek a small clarification on a I-94 issue.

What is entered by the officer at POE in the "record of changes" field in the back side of I-94?
For travel during H1 pending transfer, the officer wrote the old employer in the "record of changes" field. Is this normal or requires to be corrected? What does this field of 1-94 mean? Generally the current employer is written, is this right?

[txh1b]

The POE officer would go by the I797 presented at the POE for the annotation on the I-94. Search for the word "clone" on the forum and read through the threads for more details on such travel with pending transfer.

[chenman]

The POE officer would go by the I797 presented at the POE for the annotation on the I-94. Search for the word "clone" on the forum and read through the threads for more details on such travel with pending transfer.

Thanks txh1b.
The officer did not ask me any document, else on asking I would have shown him the I797 approval of previous employer and the I797 receipt notice of current employer.
The officer has written my old employer on I-94 backside ie record of changes, is this usual or serious and should be corrected or it was done as my transfer was pending?
the I94 date and visa type are all okay.

[txh1b]

You have to show the new approval notice. The POE officer would not ask. It is your responsibility to show and get the I-94 till the validity of the I797.

Is your extension/transfer still pending?

[chenman]

I had the receipt notice ie I797C of the new employer , not the new transfer approval notice as case was pending, so did not show. My new I 94 has the same expiry date as my prev employers I797 approval, hope with this the I94 is without errors assuming the record of changes field is okay to be prev employer.

Also I saw your/DMX17 cloning I94 posts, was very informative,you people are experts, however please advise on this record of changes field.

My regular H1B transfer (not extension) is still pending since 10 weeks, any idea how long it takes?

[txh1b]

Travel on a pending petition is not recommended. The comment on the I-94 says you work for that employer. You should have said your transfer is pending at POE. But, in short, I guess it does not matter.

Follow the instructions on the cloning post and after you get the new approval notice, go to a USCIS office and see if they will give you an I-94 that matches that number for the new employer.

From my understanding based on the research in cloning post, it should be fine as the I-94 that comes with the approval will be valid.

[chenman]

Travel on a pending petition is not recommended. The comment on the I-94 says you work for that employer. You should have said your transfer is pending at POE. But, in short, I guess it does not matter.

Follow the instructions on the cloning post and after you get the new approval notice, go to a USCIS office and see if they will give you an I-94 that matches that number for the new employer.

From my understanding based on the research in cloning post, it should be fine as the I-94 that comes with the approval will be valid.

Thank you TxH1B.
I will wait for approval and take the new attached I-94 having later expiry to USCIS alongwith current I-94 with record of changes and check with them.

Any rough idea how much time the HIB Transfer takes for Regular non premium category? I have already waited for more than 2 1/2 months.

[txh1b]

Any rough idea how much time the HIB Transfer takes for Regular non premium category? I have already waited for more than 2 1/2 months.

You have waited only for 33% of the projected wait time. Check your service center processing time to get an idea as to what cases they are looking at now.

[chenman]

the California service centre is processing 16th March. so I was guessing its 1 to 3 weeks maximum. Is that a good assumption..

[chenman]

the California service centre is processing 16th March. so I was guessing its 1 to 3 weeks maximum. Is that a good assumption..

Dear Ttxh1b,DMX17

The CSC has now updated processing times hor H-1B Transfer to 16th April, so that is 2 weeks later my receipt date and 2 and half months since then.

Is there any followup or phone call or update which my lawyer or myself can do with USCIS since I am 2 weeks behind the processing times?

Any idea on this?

[txh1b]

No. You are getting worried for 2 weeks delay? Get practical. They could go for upto 6 months.

[chenman]

No. You are getting worried for 2 weeks delay? Get practical. They could go for upto 6 months.

Thanks for the quick (but sad) reply.
I hope that the approval is done is 3 months.

I asked as USCIS site tells about some followup that can be done after the processing dates are passed. Will speaking to customercare help?

[txh1b]

Customercare will have the same info that you look at the website. If you are bored, you can call them.

[chenman]

Customercare will have the same info that you look at the website. If you are bored, you can call them.

Dear txh1b,

looks like my transfer is getting delayed more than 3 months now
While in H-1B transfer can a person with H4 visa travel (stamp of my old emp, which I believe is irrelevant) and with I797 of old employer and I797C of new current emlpoyer.
at POE will there be any issue if visa is pending mode, will there be secondary inspection?

Thanks in advance.

[txh1b]

If you have a valid H4 visa and your spouse is still on H1, you can travel on it but you will return on H4 status. The I797C is irrelevant.

You cannot work though if you enter on H4.

Your H1b will become CP instead of a EOS and to start work, you need another amendment from employer to COS from H4 to H1 once approved or a visa stamp abroad and travel to return on H1b later.