From H4 valid I94 to H1 approved without 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.
 
Have you inquired to USCIS why a Change of Status (COS) was approved but the I-797 did not have an I-94 at the bottom? That is not normal UNLESS the I-129 did not request a COS. Did it?
 
BigJoe5, thanks for the reply. I think you got my question wrong. I-797 is approved but it came without an I-94 since it was applied out of USA. Now that she is here in H4 and i-94 valid for next 2 years, I am looking for options to get an I-94 without going out for stamping.

My attorney says I can either raise an amendment for change of status / goto Canada / Mexico for stamping.

Any Suggestions..
 
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