H1 Approved without I94, already in USA with H4 & valid I94 - Please help

R

RajuHere

Registered Users (C)
Hello everyone,
This case is for my wife. She came to USA on Jan 2011 with H4 and I-94 valid till May 2013. We have applied for her H1 on Dec 2010 and got it approved last week. We got I797 WITHOUT I-94. My Questions are,

  • Can she work with her current I-94?
  • If no, what are the options she have?
  • Is going out of USA and getting it stamped the only option?
  • Some say we can apply for a Change of Status, is that possible?
  • Can she goto Mexico for H1b Stamping and reenter with H1, what is the success rate / risks we should be aware of?
  • Can she apply for SSN?

I know this forum is very supportive and any suggestions would be highly appreciated as I do not have much background on immigration matters.
 
* Can she work with her current I-94?

As far as I know, you don't need I-94 to work (http://www.cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/filling_out_i94.xml). It is needed for arrival and departure. So I think she can work without the new I-94.

*Is going out of USA and getting it stamped the only option?
If you want to travel and come back. There's always delays on getting stamps like this. It all depends.

* Some say we can apply for a Change of Status, is that possible?
I am not sure what you referring here.
* Can she goto Mexico for H1b Stamping and reenter with H1, what is the success rate / risks we should be aware of?

It all depends. I went to Vancouver last year and it worked well for me. I had to wait 10 days without knowing when it will be done.

* Can she apply for SSN?
If she is working, she will have to get an SSN. Yes.

Hope this helps. Also consult with attorney at work or hire someone to get a professional opinion.
 
RajuHere said:
Hello everyone,
This case is for my wife. She came to USA on Jan 2011 with H4 and I-94 valid till May 2013. We have applied for her H1 on Dec 2010 and got it approved last week. We got I797 WITHOUT I-94. My Questions are,

  • Can she work with her current I-94?
    ----NO, that I-94 is H4 based and she got it when she came on H4
  • If no, what are the options she have?
    -------- Go out of US get H1 visa stamp and enter on H1 status and get H1 based I-94 at POE
  • Is going out of USA and getting it stamped the only option?
    ---File H4 to H1 COS or Go out of US and get H1 Visa stamp and then enter on H1
  • Some say we can apply for a Change of Status, is that possible?
  • Can she goto Mexico for H1b Stamping and reenter with H1, what is the success rate / risks we should be aware of?
  • Can she apply for SSN?
    ----NO, H4 holder cant get SSN

I know this forum is very supportive and any suggestions would be highly appreciated as I do not have much background on immigration matters.
Click to expand...
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tux78 said:
* Can she work with her current I-94?

As far as I know, you don't need I-94 to work (http://www.cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/filling_out_i94.xml). It is needed for arrival and departure. So I think she can work without the new I-94.
*** You are giving wrong info, she needs H1 status based I-94.
*Is going out of USA and getting it stamped the only option?
If you want to travel and come back. There's always delays on getting stamps like this. It all depends.

* Some say we can apply for a Change of Status, is that possible?
I am not sure what you referring here.
* Can she goto Mexico for H1b Stamping and reenter with H1, what is the success rate / risks we should be aware of?

It all depends. I went to Vancouver last year and it worked well for me. I had to wait 10 days without knowing when it will be done.

* Can she apply for SSN?
If she is working, she will have to get an SSN. Yes.
--------------She is NOT working and cant work on H4 status and cant get SSN on H4 status.
Hope this helps. Also consult with attorney at work or hire someone to get a professional opinion.
Click to expand...
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Tux78 & ginnu, thanks for the suggestions.. I checked with my attorney and they said I have 2 options,

1. Apply for amendment of status change from H4 to H1B and get I94 staying in USA or
2. Goto Mexico / Canada and get the stamping done.

Suggestions please..
 
RajuHere said:
Tux78 & ginnu, thanks for the suggestions.. I checked with my attorney and they said I have 2 options,

1. Apply for amendment of status change from H4 to H1B and get I94 staying in USA or
2. Goto Mexico / Canada and get the stamping done.

Suggestions please..
Click to expand...


I am also facing same situation.Please help me with some suggestions
 
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