Can I join without I-94?

Old Feb 7th 2001, 2:47 pm
  #1  
JJ
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Hello everybody

I am in California. I have a question, I came here on L1 here. After coming here my client
sponsored for my H1 to join him. The H1 was approved and I got the Notice of Action in my
hand. I know I can join my client with the H1 but my previous company which is in India
wants me to come to India to settle any pending paperwork etc. I am making a trip to India
anyway so that turn out to be fine. Now since I can't join my client till I leave my old
job, my client suggested that I sign and leave all the paper work with the company and
they will start my employment sometime during my India trip and will give me leave
immediately after joining so I can finish my vacations. The Q is is it possible to join a
US company without being physical present in US at the time of joining? If yes, what do I
fill up on form I-9 in place of I-94 number?

A Quick response would be highly appreciated.

Thanks

VJ
 
Old Feb 11th 2001, 4:14 pm
  #2  
Ingo
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>Hello everybody
>
>I am in California. I have a question, I came here on L1 here. After coming here my
>client sponsored for my H1 to join him. The H1 was approved and I got the Notice of
>Action in my hand. I know I can join my client with the H1 but my previous company which
>is in India wants me to come to India to settle any pending paperwork etc.

Not only CAN you, but you MUST join the new job immediately. That is because your old L-1,
and thus the work authorization for the old job, ended the day the H-1B was approved.

>I am making a trip to India anyway so that turn out to be fine. Now since I can't join my
>client till I leave my old job, my client suggested that I sign and leave all the paper
>work with the company and they will start my employment sometime during my India trip and
>will give me leave immediately after joining so I can finish my vacations.

See above - if you don't start the new job within 10 days of getting the H-1B approval,
you'd be out of status. If you don't quit your old job immediately, you'd be working
illegally.

Chances are that neither would be treated as serious offenses since they are just
technical violations - but I do want to make you aware of it.

>The Q is is it possible to join a US company without being physical present in US at the
>time of joining? If yes, what do I fill up on form I-9 in place of I-94 number?

Just use the old I-94 number. It really doesn't matter anyway.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult with a
professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at http://travel.state.gov/visa_services.html
(Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For DOL Faxback status information: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not know
all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.getusavisa.com
http://greencard-lottery.virtualave.net/ http://www.jcvisa.com (H-1B)
http://www.h1bresources.com (marriage and fiancee) http://www.kamya.com/misc/ (marriage
and fiancee) http://www2.apex.net/users/thehydes http://www.formshome.com
http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of the
Web site owners and do not receive nor accept payment in return for listing them, and
typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site listed
here, please e-mail me).
 

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