I am currently working for Employer A and Employer B has applied for a H1B transfer with Consular Processing. So in order to activate the new I797 or the H1 transfer petition filed in Consular Processing, can I travel to Mexico and get new I94 because I have valid H1 visa stamp.. While getting new I94 I should have resigned from Employer A already?
Why would you need a new I94 unless you had a gap between your jobs. Are you planning to take a break? The new employer will invoke your I-797 as soon as you join them.
Yes there is a small gap in my I94 record, which is why the new employer cannot take advantage of portability, hence they are filing Consular application to start clean.
In that case you can go to Mexico. Canada would be a safer option. But honestly speaking, I would recommend you to Google through the immigration forums or talk to an immigration lawyer. They are in a better place to give you an accurate answer.
What did you do? Can you share your experience, I am in same situation.
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I would go to my home country to get the H-1B stamping done. What’s your fallback if the consulate decides to put your visa application in administrative processing?
Hi Thanks for your response.. I have a valid visa stamp already, I would not have to get another stamp right? I will just need a new I94.. My question is when I get a new I94, should I already resign from my current Employer?