H1 & I-94 question

toro45

Registered Users (C)
I graduated from college last year (may 2002) and I got my EAD. My current employer is working on my H1 petition.(I have been in the states for the past 7 years)

My I-94 card has remained the same since college, which just says "duration of status". After browsing the posts on this board it seems I might need a new I-94 card, and if I don't get my status changed I might be introuble with the INS. My questions are:

1. I am trying to avoid any problems with the INS, as I am sure everybody is, but how can I get my status changed on the I-94 card?

2. I am still working with my EAD card and my I-94 states duration of status, since I am not enrolled in school or have not been enrolled in almost 1 year am I already out of status?

3. Will I be sent a new I-94 card with my approved H1 petition?

4. How can I get the actual visa without leaving the country? Is it necesary to get the visa, I don't really have intentions of leaving the country.

I would appreciate your responses.

Thanks
 
Originally posted by toro45
I graduated from college last year (may 2002) and I got my EAD. My current employer is working on my H1 petition.(I have been in the states for the past 7 years)

My I-94 card has remained the same since college, which just says "duration of status". After browsing the posts on this board it seems I might need a new I-94 card, and if I don't get my status changed I might be introuble with the INS. My questions are:

1. I am trying to avoid any problems with the INS, as I am sure everybody is, but how can I get my status changed on the I-94 card?

2. I am still working with my EAD card and my I-94 states duration of status, since I am not enrolled in school or have not been enrolled in almost 1 year am I already out of status?

3. Will I be sent a new I-94 card with my approved H1 petition?

4. How can I get the actual visa without leaving the country? Is it necesary to get the visa, I don't really have intentions of leaving the country.

I would appreciate your responses.

Thanks

1. A new I-94 is sent along with the H1 approval notice. it is the bottom portion of approval notice.
2. If you EAD is based on OPT, then you have only 1 year available. Looks like you have until May 2003.
3. Yes.
4. You cannot. You will have to apply for a visa overseas. Visa is needed to travel overseas. If you NEVER intend to travel outside of US (even Canada) you do not need a visa.
 
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