H1 approved - I94 not attached & SSN issue

T

tpk3576

Registered Users (C)
Hi-
I was on H4 and recently received my H1 approval(Approved 14th Oct). I have 2 questions:
1.)My new I-94 was not attached with my H1 approval.
2.)We were surprised to also learn that my status is still L2 when we went to apply for SSN. L2 was the status through which I entered US in June 2003, but later changed to H4(approved in November 2003).
Can anyone kindly suggest what can be done to make sure my H4 status is added after my L2 and now my H1 status so that I can apply for my SSN number. Can I start working if I get a job without my SSN #. I have my L2 visa expired in June 2004, but my I94 carried over from my L2 to H4 is valid till May 2006. I am also worried if I can't work how will this affect me going forward. Appreciate any advise or suggestions.

Regards.
 
Last edited by a moderator:
tpk3576 said:
Hi-
I was on H4 and recently received my H1 approval(Approved 14th Oct). I have 2 questions:
1.)My new I-94 was not attached with my H1 approval.
2.)We were surprised to also learn that my status is still L2 when we went to apply for SSN. L2 was the status through which I entered US in June 2003, but later changed to H4(approved in November 2003).
Can anyone kindly suggest what can be done to make sure my H4 status is added after my L2 and now my H1 status so that I can apply for my SSN number. Can I start working if I get a job without my SSN #. I have my L2 visa expired in June 2004, but my I94 carried over from my L2 to H4 is valid till May 2006. I am also worried if I can't work how will this affect me going forward. Appreciate any advise or suggestions.

Regards.
Click to expand...
------ it seems that the lawyer filed New Fresh H1 for you and has not filed H4 to H1 Change of status that is the reason you did not get I-94 attached with your NEW H1, if you want to work you need to go out , get H1visa stamp enter US on H1 and you will get I-94 based on H1 status at POE then apply for SSN and then work on H1 status. you need to discuss with your lawyer who filed H1 and ask if lawyer filed for Change of status from H4 to H1 or filed New H1
 
Thanks ginnu. But isn't there any facility to amend the application to receive I94. But my issue is 2 phase, do you think the same thing happened even with my L2 to H4, as H4 status is also not available with SSN office. Can you please advise what is best if I don't want to go to India and get my H1 stamped as my company is just new and there are no employees besides me or 2.
 
tpk3576 said:
Thanks ginnu. But isn't there any facility to amend the application to receive I94. But my issue is 2 phase, do you think the same thing happened even with my L2 to H4, as H4 status is also not available with SSN office. Can you please advise what is best if I don't want to go to India and get my H1 stamped as my company is just new and there are no employees besides me or 2.
Click to expand...
---- You need to discuss with your lawyer who filed H1 petition, if you are still on Valid H4 status then lawyer can file change of status from H4 to H1B and you will not be able to work till change of status is approved or you can file premium, discuss with your lawyer who messed up by filing NewFresh H1 petition.
 
Thanks ginnu. I got the I129 petetion copy that was filed. I see that the option "change of status" was requested as I was in US under part 2. Also in part 4 which was filled I see that it says if benefeciary is not in US or Change of statu is not approved, notify either Consulate, POE and in there we filled chennai consulate. But the reason for not giving I94 was not mentioned anywhere, so I'm not sure if it was a mistake of INS not giving or they did'nt want to transfer my status. Forgot to mention this, may be that is what is important, my husband changed employers in September and his H1 application for change of employer was applied on September 16th and my H1 was approved on October 14th. Would this have anything to do?
 
tpk3576 said:
Thanks ginnu. I got the I129 petetion copy that was filed. I see that the option "change of status" was requested as I was in US under part 2.
---in par 2 lawyer needed to tick "new Employement" and under 4 it was supposed to be (b)Change the person status and extend the the stay since they are in US....
Also in part 4 which was filled I see that it says if benefeciary is not in US or Change of statu is not approved, notify either Consulate, POE and in there we filled chennai consulate.
---- That was the MISTAKE "we filled Chenai Consulate"in par 4 of form( a) it should have been left Blank
But the reason for not giving I94 was not mentioned anywhere, so I'm not sure if it was a mistake of INS not giving or they did'nt want to transfer my status. Forgot to mention this, may be that is what is important, my husband changed employers in September and his H1 application for change of employer was applied on September 16th and my H1 was approved on October 14th. Would this have anything to do?
Click to expand...
--- you need to discuss with your lawyer
 
I-94 is attached to approvals only if the applicant is currently in US and requests change of status. It seems you indicated that the approval be sent to US consulate in Chennai which is the case with first time applicants who reside outside US.
You will have travel outside US and return with an H1 visa in order to get a new I-94 for H1. Unless that happens you cannot work just on the basis of the approval notice.
Other option is to ask USCIS to re-approve this application as a "change of Status" application.
 
Thanks. I really appreciate your response. In my situation I got the petetion from my employer and I said that he checked the option requesting for change of status and only checked the chennai consulate for question that says, incase change of status is not approved or beneficiary is not in US. But as I am already in US and we checked the option to change status, we're assuming that there was mistake by USCIS. We're actually going to INS office tomorrow and will be talking to Immigration officer presenting the petetion if needed and requesting for change of status along with I94. But my worry is will there be a situation that they changed the status but did not indicate that in the Approval notice and no I94 attached.
 
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