H1-B APPROVED WITHOUT I-94 -please respond - urgent need of advice.

[akshata]

Hi,

I am akshata, I came to US on H4 in Feb 2006.

My case was in vermount and later they sent me a mail stating that my case was sent to texas service centre.

I had filled a H1 in May 2006 under the normal processing and got the approval in septemeber 1st week. When I went to apply for my SSN, the officer there told me that I shouls have got a new I-94 along with my H1 approval notice I-797 and told me to consult the USCIS local office.

When I approached the USCIS local office with the I-797 approval notice, they told me that, the officers who approved my case might be thinking that I am outside unitedstates when the application was approved since the papers were sent from the employers office.

And, hence he asked me to send a letter and documents supporting that letter stating that I was in US when the H1 application was filled and that i have not gone out of united states since then.

I sent the documents on october 6th and then when I called the USCIS customer service they told me to call after a month, as the processing of any request would take a month.

So, i called them after a month and they said that, i couldnot send any documents like that and that my information shows that i was not in united states when the application was filed hence i should go to my home counslate to get a visa and then enter.

When i asked them about the documents that i have sent they said that we would only discuss the things with the lawyer or employer and not the benificiary.

During, all these process.. I was going through some of the forums and those who had a H1 approval notice without a I-94 are applying an ammendment application through the lawyer.

When i contacted my employer, he said he would not apply it for me.

So, my questions are:

1. What do i do now?

2. Should I approach a lawyer?

3. What is the next step to me to get my I-94 ?

because i was in US when my H1 was applied and also i have never gone out of country from then and my H4 visa expries in oct 2007

4. could i do for stamping to canada? would that be a risk or would that be ok? as i donot have any previous working experience and hence no paystubs but in my h1 application - my employer has put a 1 year of experience in a xyz company in india.


Please, someone help me... i am in reall trouble...
please, attorney members ..please give me some details that i can go through.

couldnot find any other possibility, so contacting you.

[gc_retrogress]

I think it is a serious matter, you should have consulted an attorney by this time instead of relying on a public forum. You need professional approach to this problem. I am assuming your lawyer/employer made some mistake while filing.

Originally Posted by akshata

Hi,

I am akshata, I came to US on H4 in Feb 2006.

My case was in vermount and later they sent me a mail stating that my case was sent to texas service centre.

I had filled a H1 in May 2006 under the normal processing and got the approval in septemeber 1st week. When I went to apply for my SSN, the officer there told me that I shouls have got a new I-94 along with my H1 approval notice I-797 and told me to consult the USCIS local office.

When I approached the USCIS local office with the I-797 approval notice, they told me that, the officers who approved my case might be thinking that I am outside unitedstates when the application was approved since the papers were sent from the employers office.

And, hence he asked me to send a letter and documents supporting that letter stating that I was in US when the H1 application was filled and that i have not gone out of united states since then.

I sent the documents on october 6th and then when I called the USCIS customer service they told me to call after a month, as the processing of any request would take a month.

So, i called them after a month and they said that, i couldnot send any documents like that and that my information shows that i was not in united states when the application was filed hence i should go to my home counslate to get a visa and then enter.

When i asked them about the documents that i have sent they said that we would only discuss the things with the lawyer or employer and not the benificiary.

During, all these process.. I was going through some of the forums and those who had a H1 approval notice without a I-94 are applying an ammendment application through the lawyer.

When i contacted my employer, he said he would not apply it for me.

So, my questions are:

1. What do i do now?

2. Should I approach a lawyer?

3. What is the next step to me to get my I-94 ?

because i was in US when my H1 was applied and also i have never gone out of country from then and my H4 visa expries in oct 2007

4. could i do for stamping to canada? would that be a risk or would that be ok? as i donot have any previous working experience and hence no paystubs but in my h1 application - my employer has put a 1 year of experience in a xyz company in india.


Please, someone help me... i am in reall trouble...
please, attorney members ..please give me some details that i can go through.

couldnot find any other possibility, so contacting you.