H1 Approval Notice without I-94 Card

H

H1woI94

New Member
Hi,

I recently got my H1 approval notice from Vermont office (Master's Cap, PP). I am graduating with a PhD (F1 visa) in May. The approval notice does not include an attached I-94 card. My employer's immigration department says that it is because my OPT (to cover May - Sept 07) has not yet been approved (applied March end).

What are the implications of this?

1. In case my OPT is approved, does that only mean that I have to get a visa stamp from outside US in September, before starting on H1 visa in October ?

2. If yes, can I get it stamped from Canada, or do I have to go to my home country, whose consulate is listed on the approval notice ?

3. Is there any other way of changing status and getting I-94 from within US once my OPT is approved?

4. Any other precautions/advice regarding this ?

Thanks,
H1woI94
 
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H1woI94 said:
Hi,

I recently got my H1 approval notice from Vermont office (Master's Cap, PP). I am graduating with a PhD (F1 visa) in May. The approval notice does not include an attached I-94 card. My employer's immigration department says that it is because my OPT (to cover May - Sept 07) has not yet been approved (applied March end).

What are the implications of this?

1. In case my OPT is approved, does that only mean that I have to get a visa stamp from outside US in September, before starting on H1 visa in October ? YES
2. If yes, can I get it stamped from Canada, or do I have to go to my home country, whose consulate is listed on the approval notice ? you can try canada, but you must always prepared to go to home country from Canada, if any chance visa stamping is denied @ Canada3. Is there any other way of changing status and getting I-94 from within US once my OPT is approved? You can apply to USCIS to take action on approved H1 based on your status. to get your I 94
4. Any other precautions/advice regarding this ?

Thanks,
H1woI94
Click to expand...
 
The reason , I believe, your I797 arrived without the I-94 is because your company did not petition for COS. OPT not being approved should not have any implications on an H1 petition.

Your company filed a I-129 petition for a 'H-1B - Specialty occupation - Visa to be issued abroad' and not 'H-1B - Specialty occupation - Change of status in the U.S'.

Gurus....please confirm.
 
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