H4 to H1 Approved ,but asked to go for stamping before starting work.

R

rsgogineni

New Member
Hi , My h4 to h1 got approved , my husband was never out of status, but got a letter asking me to go to india for stamping along with approval.

Is it common , or is this new thing happening these days , please advice what to do.....


Thanks
 
Hi,

Were you out of status at the time of h-1 processing? Where you in India? I also have the same problem and I am filing for change of status ammendment. So that I can avoid the risk of visa interview while stamping.

Komal
 
H4 to H1

I am in same boat.I was on F2 and applied for H1 2006.My H1 got approved but it has a statement saying that i have to go for stamping to india before starting working over here in US.

My employeer has applied for query with supporting documents.I am waiting for their reply.

Have you taken any steps regarding ur H1 stamping let me know.

Anisa
 
hey friends-regarding the same situation

hello..
i am also in same situation.actually iam on F1 status and then applied premium processing for h1 on my master degree. i have received the h1 approval and its validitity from oct and iam on still f1..not to take risk in future but unfortunately i didnt receive my I94 renewed. it say i have to go back to india for stamping. can anyone suggest what to do inorder to get my I94 change of status. what are the procedures to follow with the employer inorder to get it done. worries regarding this matter :mad:
thanx for advice..
chris
 
hello

u can ask your employer,lawyer to send query regarding your H1 with supporting documents.
 
Hi all.. I am also in same boat :confused:
I applied from H4 to H1 and got approved without I-94.
Applied for amendment..does anyone get I-94 after amendment?
what is the chance of getting it?
Is there any better way of not going to stamping?
 
H4-H1 Received I797B instead of I797A

Hi guys,
I came to US on my H4 last year.I filed for H1 this year and got the approval notice but w/o I94.Though COS has been applied on my I129 petition and i didnt leave the country since i came here,i dont know why i didnt get my I94..There was no mention of going to a US consulate for stamping or denial of COS.My lawyer says it is mistake on part of INS but he is for some reason not ready to file my amendment.he feels it would be rather better for me to re-enter the country with H1 stamped from Canada/Mexico or India(my native country)...I am just worried nothing should go wrong...Some ppl say they will ask for my paystubs,but in my situation i wont be able to provide one...also will the ask me why i went to us on H4 and now what made me to change status to H1 and get a job?what would be the best reply options?kindly help.....
 
Amendment..

how long does it usually take for the case to get approved after filing an amendment to receive I797A instead of I797B? is it a costly n lenghty process?
 
How do you apply for I94 amendment?

Hi ,

I also got I797(B) and without I94 , So what is the procedure to get I94 within US? What form did u submit to get I94 or I797(A)?

Is it means that I797B means you are not approved at all? But when I chech status for my file No(LIN) I get message case i.e. (I129) H1 is approved.

Can someone please tell me about how to get/apply for I94 amendment within USa and how long does it take?

Thanks
 
I was in same situtation last year

I was in the same boat last year. Got my H1 approved but I94 was not issued and was asked to go to stamping in my native country. For my case reason was when I applied for H1(In APril) my dependent visa was valid until August. There was a 2 month gap. Later I applied for dependent visa extension. Using that visa extension documentation I refiled H1 through the same company
 
My friend needs to apply H-1B for her wife which is back home

now, could anyone tell us when would be the time for applying? He has GC but can't do anything to bring her here except getting H-1B.

How long does it take to get approved after applying?

Any insight would be appreciated.
 
which form I have to submit?

Which form I have to submit for H1 amendment within USa ? As I didnot get I 94 with I797 approval from H4 to H1 .what r the options?? Apart from going out of country and reenter again?

thanks
 
Guys I have the same problem too...
What did you guys do.
Please let me know.
Please call me @ 440-449-7432
I need some help.
 
Received new I-797 with I-94

hello guys,

I received my I-797b without I-94 in september and was asked to go for stamping.
My employer filed MTR (Motion to Re-open) and received new I-797 with I-94 after 6 weeks. If you not willing to go for stamping than apply soon.
I also contacted other lawyers and all mentioned me different ways. Some lawyers even mentione that MTR is not an appropriate method. A week before I received my new I-797; I hired a lawyer to represent my case and get me I-94 as according to him MTR was not appropriate. But, thank god, I received my I-797 with I-94 based on MTR.
Also there was one more girl who also was in similar situation and she also received her new I-797. She filed an amendment but I don,t know exact details.

Wish you all a good luck.
 
Good news

1)Stamping in the passport is only for travelling.
2)Latest I94 you get is your current status in US.
3)if you have your "latest 194" with h1b written on it. You can work in the US.
4)You can get stamped in any country irrespective of what is stated in I797.

My wife was in India when she got her h1b approved so she did not get her I94 attached. She then came to US on her H4 so her latest I94 attached to the passport in the immigration is based on her h4 hence she cannot work in the US. She also has Chennai in her I 797 but still we went to montreal and sucessfully got h1b Stamped(May be we are lucky).
 
Status change From F2 to H1

Hi guys I have a question. My wife is here in US on an F1-visa (student-dependent) I am planning to file H1 for her and I am wondering if she can work as soon as she gets that H1 approved or does she need to go out of country and get H1 stamped to get started on working. I strongly believe that as long she is in US it has got nothing to do with the visa which is mere a travel document. But I have communicated with an employer and he had question about this. His concern was about my wife's Social security number and as she does not have one, he says that she needs to go out of the US and get H1 stamp and only when she gets her H1 she can apply for a Social Security number and then only she can start working. And till then she can not work even in case of H1 approval.

I though we could apply for Social Security Number with an H1 approval even with a H1 stamping as long as we are in the US when we get the approval.

Please advice me regarding this issue. I really appreciate your responses.

My e-mail ID: a_kanaparthy@yahoo.com
 
ANANTHK said:
Hi guys I have a question. My wife is here in US on an F1-visa (student-dependent) I am planning to file H1 for her and I am wondering if she can work as soon as she gets that H1 approved or does she need to go out of country and get H1 stamped to get started on working. I strongly believe that as long she is in US it has got nothing to do with the visa which is mere a travel document. But I have communicated with an employer and he had question about this. His concern was about my wife's Social security number and as she does not have one, he says that she needs to go out of the US and get H1 stamp and only when she gets her H1 she can apply for a Social Security number and then only she can start working. And till then she can not work even in case of H1 approval.

I though we could apply for Social Security Number with an H1 approval even with a H1 stamping as long as we are in the US when we get the approval.

Please advice me regarding this issue. I really appreciate your responses.

My e-mail ID: a_kanaparthy@yahoo.com
Click to expand...

As long as you dont travel while change of status (F1 to H1) application is pending, you dont need to go out of country for stamping. Why would anybody need Visa for SSN????
 

To get SSN you must have valid I 94 caveat "H1B". If change of status approval notice comes with I 94 at the bottom , it will serve the purpose.




srb5588 said:
As long as you dont travel while change of status (F1 to H1) application is pending, you dont need to go out of country for stamping. Why would anybody need Visa for SSN????
Click to expand...
 
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