H1-B APPROVED WITHOUT A NEW I-94 ATTACHED- urgent please respond.

akshata

New Member
Hi,

I am akshata, I came to US on H4 in Feb 2006.

I had filled a H1 in May 2006 under the normal processing and got the approval in septemeber 1st week. When I went to apply for my SSN, the officer there told me that I shouls have got a new I-94 along with my H1 approval notice I-797 and told me to consult the USCIS local office.

When I approached the USCIS local office with the I-797 approval notice, they told me that, the officers who approved my case might be thinking that I am outside unitedstates when the application was approved since the papers were sent from the employers office.

And, hence he asked me to send a letter and documents supporting that letter stating that I was in US when the H1 application was filled and that i have not gone out of united states since then.

I sent the documents on october 6th and then when I called the USCIS customer service they told me to call after a month, as the processing of any request would take a month.

So, i called them after a month and they said that, i couldnot send any documents like that and that my information shows that i was not in united states when the application was filed hence i should go to my home counslate to get a visa and then enter.

When i asked them about the documents that i have sent they said that we would only discuss the things with the lawyer or employer and not the benificiary.

During, all these process.. I was going through some of the forums and those who had a H1 approval notice without a I-94 are applying an ammendment application through the lawyer.

When i contacted my employer, he said he would not apply it for me.

So, my questions are:

1. What do i do now?
2. Should I approach a lawyer?
3. What is the next step to me to get my I-94 ?
because i was in US when my H1 was applied and also i have never gone out of country from then and my H4 visa expries in oct 2007

Please, someone help me... i am in reall trouble...
please, attorney members ..please give me some details that i can go through.

couldnot find any other possibility, so contacting you.

thankyou,
akshata.
 
I think it is either simple mistake on CIS side, or your employer did not file it as COS.
H1 is a petition of employer and you can not do much by yourself. You need help from employer. If company hired immigration lawyer, I'd recommend to talk to them.
Why did employer say they wouldn't do that ?
 
hi thanks for the response.

I asked my employer to do waht is to be done but they told me that they had filed the h1 papers for me through some persons and not through a lawyer and hence asked me to find a lawyer myself, but i donot know the actual reason of not offering me help for the case as i found out they have a lawyer.

I have talked to one my husbands lawyer and they have told me that in Part-2 of the i-129 form that was filled for my H1 there was a 1, 2, 3,4 , 5 parts under Part-2 where in 5th one they had to check mark the option stating that [] change the persons status and extend their status as the persons are now in the US in another status.

and hence he said that we could apply for ammendment but it would take 6 weeks before i get any informatiuon from USCIS on my case.

and it would cost me around another 2000$

i have read from other sites that we could go for premium processing for ammendment also, but hte lawyer has not mentioned it...so i want to know if i can apply for premium processing for my case. when we keep an ammendment.

please respond.

thanks
sujatha.
 
Do not file premium. Shop around to ask for $500 deal or you can file another one yourself to attach your I-94 prove you are in the US all the time. You should get it.
 
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