H1 approval document(I797) without I94

S

svsmohan

Registered Users (C)
Hi,

Now I am in USA on H4 Visa I got H1B approval on 2008 quota.

From Sep24 2006 to Jan 5th 2008 I was in USA and on Jan 5th 2008 I went to India for vacation. I came back to USA on April 24 2008.

In the vacation period my employer applied for H1B visa. I got approval
of H1B on April 22 2008 .


In H1B approval(I797) I did not find I94 attached. Please let me know how to proceed about this Issue.

Thanks,
Anasuya
 
svsmohan said:
Hi,

Now I am in USA on H4 Visa I got H1B approval on 2008 quota.

From Sep24 2006 to Jan 5th 2008 I was in USA and on Jan 5th 2008 I went to India for vacation. I came back to USA on April 24 2008.

In the vacation period my employer applied for H1B visa. I got approval
of H1B on April 22 2008 .


In H1B approval(I797) I did not find I94 attached. Please let me know how to proceed about this Issue.

Thanks,
Anasuya
Click to expand...

If you did not get an I-94 attached to your I-797 approval, you are supposed to go out of country (USA) and get your visa stamped in your passport. If you are working at your current employer on H1, that will be termed as illegal employment. If your I-94 from H4 has already expired you are accruing illegal stay in US. And if that illegal stay is more than 6 months you will be in big trouble. I suggest you to consult your company lawyer on this matter.
 
mailsunnydeol said:
If you did not get an I-94 attached to your I-797 approval, you are supposed to go out of country (USA) and get your visa stamped in your passport. If you are working at your current employer on H1, that will be termed as illegal employment. If your I-94 from H4 has already expired you are accruing illegal stay in US. And if that illegal stay is more than 6 months you will be in big trouble. I suggest you to consult your company lawyer on this matter.
Click to expand...
On some reasoning out your situation in more detail....here are my thoughts:
I assume your H1B has a start date in Oct 2008. And you are currently in H4 status. (with an unexpired I-94) Since the H1 was applied when you were outside US, you did not receive your I-94 with your H1 approval. Now the best option for you is to go outside USA, preferably to your home country (there may be a set time period before which you cannot enter US on H1 if your H1 start date is in future. Check with your lawyer) and get your visa stamped. The other option is to apply for an amendment to your H1B approval, which could potentially take a long time and it not guranteed.
 
Last edited by a moderator:
Thanks for your reply.What is meant by H1 ammendment? Can I plan to have stamping in mexico as recently I came for india?
 
svsmohan said:
Thanks for your reply.What is meant by H1 ammendment? Can I plan to have stamping in mexico as recently I came for india?
Click to expand...

H1Bs must be amended if there has been a material change in the H1B employment terms and circumstances. This can also be done for requesting a I-94 (which may or may not be approved) if the approval did not contain an I-94 citing personal and financial difficulties for both employer and employee.

You can go to Mexico for stamping but I would not suggest it unless you have a Masters Degree from US. If your H1 stamping is denied in Mexico, you will have to go back to your home country from Mexico and get it stamped, which could potentially be expensive and frustrating.
 
Can you list down the following in that order. You might be able to get reasonable advice:

1) Dates of entry and exists
2) All I-797s approval dates (remember, it is not receipt date or notice date), but approval date
3) All dates of your employment
4) Details of visa apppointments
 
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