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Immigration Issues/Work location different from Port of Entry


  I hold a valid H1B work permit with work location as Chicago, IL. I am currently in my home country and my work permit has been now ported to a different employer in New York. I am travelling back to join the new employer in February. But I will be travelling with the visa from the previous employer.
1) Do you suggest me inform the PoE (NY) officer about the new work permit or should I travel with the old one to avoid problems.
2) If I am to travel with the old employer's work permit-I want to report to the new employer in NY. But my old employer's work permit has Chicago as work location. Will this cause problem at Port of Entry (NY).
3) Should I show the new work permit to the port of entry officer and ask him to enter the I-94 dates as per the new work permit.

Please advise since my new employer's immigration desk informed me that it is best to travel with old work permit and in case the officer points out the different work location, tell the officer that I am entering in NY to visit a friend.
Please advise.

ANSWER: Sandeep,
First, I strongly advise against lying to US Immigration officers.
Have you been to the US earlier? I need this information to answer your questions.
Ramasamy Krishan

---------- FOLLOW-UP ----------

QUESTION: I was in US from April to June 10 2007. New employer filed the petition of H1 Portability on July 5 2007. It was approved on Oct 25 2007.

Thanks for your advice.

You need to show the POE officer both the new and prior approval notices. As long as you have a valid H-1B visa (even though it is under the old employer) you should be allowed to enter the US in my opinion. As I stated earlier do not state anything that is not true, and your employer's advice is not in your best interests.

Best of luck.

Ramasamy Krishnan  

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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