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  • I-94 issue

    Hello,

    I have visa stamping with previous employer till Nov, 2012, and with my new employer H1B valid till Aug, 2013. I have been to India last April, 2011, while coming back to USA, I came back with visa stamping validity with my previous employer's, which is valid till Nov, 2012. I have not show them the new H1B approval, I totally forgot that I have to show my new H1B approval and get the I-94 till Aug, 2013. They also did not question me anything on that. so I forgot. They had issued my I-94 in couple of minutes. Now I just came to know, it is not good to hold I-94 on the name of previous employer, if we have new employer H1B.

    Now I am trying to change the employer, will it be an issue to file H1B transfer, One more thing they have not mention anything on back of my I-94, it is empty.

    Please let me know will there be any issue to transfer my H1B now as I have I-94 valid till through Nov, 2012 which is based on my previous employer. The latest I-94 also has same date, back of I-94 is blank, will they find out, will it be an issue ??

    Is there any way to fix this issue ?? please reply.

    Thanks,
    Venkata

  • #2
    You need to show the petition approval notice corresponding to the employer who you want to work for. It was wrong to show previous employer's notice and work for new employer. It may not affect your transfer, but you may want to consult an experienced attorney if there is an RFE. Be careful next time to show the correct approval notice.
    This is my opinion and not legal advice.

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    • #3
      Go to near by port of entry and explain them.. they will correct the i-94 date to new one.

      I run in to same problem and i went airport and changed my i-94 date to new one.

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      • #4
        Thank you very much for your response,

        I live in Michigan, can I directly go to Detroit airport (port of entry) and correct it by showing new approval document, or , I have to take an appointment with particular department at Airport (port of entry), please advise.

        I just wanted to know whom I should contact at port of entry to correct my I-94.

        Please let me know.

        Thanks Again
        Venkata

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        • #5
          There should be a Customs and Border Protection deferred inspection post at any nearby international airport. Try going there.
          This is my opinion and not legal advice.

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          • #6
            Okay, thank you very much for your response.

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