Hello All,
My Case : I had a COS applied from H4 to H1, which was approved in DEC/07 and i recieved a I797A, which has a I94 attached.
However, when i went to SSN office to apply for SSN, the officer said i cannot apply for SSN since, my status on I94 record on their database is shown as H4 and not H1. They asked me to go to INS office to get this changed. However, INS office says - the status would show only H4 and that status on I94 would get H1 only when you exit and re-enter with a H1B stamping.
For sure, i know that people who come on H4/F1 and apply for a COS to H1, get I797A with/without I94. When you have a new I94 attached with I797A- you need not go for Visa stamping immediately and has the option of working by applying for SSN immediately and may get an H1B stamping whenever you like to exit and re-enter US. When you dont have a I94 attached, you need to exit and enter US after getting H1B stamped, before which you dont have an option to work.
I am not sure how to convince the guys sitting at SSN office. They either dont know the whole procedure or is it my misunderstanding. Do all people who get their COS approved need to exit and enter with a H1B stamnping, even if their I797A has an I94 attached.
My case is similar as given in this thread
http://www.immigrationportal.com/showthread.php?t=184854
Awaiting responses
Thanks
Mary Paul
My Case : I had a COS applied from H4 to H1, which was approved in DEC/07 and i recieved a I797A, which has a I94 attached.
However, when i went to SSN office to apply for SSN, the officer said i cannot apply for SSN since, my status on I94 record on their database is shown as H4 and not H1. They asked me to go to INS office to get this changed. However, INS office says - the status would show only H4 and that status on I94 would get H1 only when you exit and re-enter with a H1B stamping.
For sure, i know that people who come on H4/F1 and apply for a COS to H1, get I797A with/without I94. When you have a new I94 attached with I797A- you need not go for Visa stamping immediately and has the option of working by applying for SSN immediately and may get an H1B stamping whenever you like to exit and re-enter US. When you dont have a I94 attached, you need to exit and enter US after getting H1B stamped, before which you dont have an option to work.
I am not sure how to convince the guys sitting at SSN office. They either dont know the whole procedure or is it my misunderstanding. Do all people who get their COS approved need to exit and enter with a H1B stamnping, even if their I797A has an I94 attached.
My case is similar as given in this thread
http://www.immigrationportal.com/showthread.php?t=184854
Awaiting responses
Thanks
Mary Paul