My H1B transfer to another company is approved and I should receive a new I797 by next week. I wanted to travel to my home country by taking a PTO from my current company and resign only after coming back. My question is: At the port of entry which I797 should I show to the immigration officer? I can show the new I797 of the new employer but I haven’t started working there yet. But if I show I797 of my current employer then it might void the I94 that was generated after H1B transfer. Has anyone travelled in such a situation before? #h1b #i797 #travel
Ask the lawyer who did your H1B transfer
Use the old i797 as you are still employed at this company Done it no issues
The attorney of new company has advised to show new I-797. 🤔 one question: If I show I797 of my current employer, will it void the I94 that was generated after H1B transfer ?
I am not an expert but tats what I did. You will not be an employee of the new company/neither have visa stamp of new company hence I think old one should be presented Anyway thats my point of view and it worked for me
This 👍
Is it not better to get the visa stamp based on new employers I797, during your home visit? Less hassles IMO
why increase chance of rfe
Why rfe? He already has approved I797.
everythime you go to consulate there is chance of rfe
I just went through the same thing, resigned after traveling with PTO but before joining new comp. Used the new i797 and had no issues
If you remember, in first week of your H1 assignment you sign a form which the employer submits to authorities (USCIS or DOL I’m not sure); also the i94 is linked with the petition so the new i94 on new i797 is effective only after your new i797 is active meaning when you join new employer. I would refrain from showing new i797 if I’m still with my old employer, but again check with your immigration lawyer.
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