H1B approval but missing I-94

[LA_visa_girl]

Hi,
I entered the US on H4 visa. Last year I got my H1b approval but my I797 came with without the I94. When I went to apply for SSN they said they need the I94. My employer's lawyer said a change of status has to be applied for that but that can be done only once I have a job/paystubs.
Is that true?
But obviously I cannot have a job when I am actually back to my h4 status right now and cannot apply for my SSN.
What is required to apply for change of status from h4 to h1?
Are there chances of it getting rejected(since we have been hearing of so many petition rejections these days)?
Any help is greatly appreciated.
Regards
LA_visa_girl

 

[ginnu]

Hi,
I entered the US on H4 visa.
Last year I got my H1b approval but my I797 came with without the I94. When I went to apply for SSN they said they need the I94.
-----------------That is correct. you get SSN you need H1 status based I-94
My employer's lawyer said a change of status has to be applied for that but that can be done only once I have a job/paystubs.

Is that true?
---------------------Lawyer is wrong. if you are on H4 status then how you can have Pay stub. Employer Can file H4 to H1 Cos if you are on Valid H4 status.

But obviously I cannot have a job when I am actually back to my h4 status right now and cannot apply for my SSN.
--you are correct
What is required to apply for change of status from h4 to h1?
------US employer, Your eligiblity for H1, Valid H4 based I-94 and if employer has job, Petition by US employer with USCIS.
Are there chances of it getting rejected(since we have been hearing of so many petition rejections these days)?
--------------They can reject. That is correct that they are asking lot of documents for H1 from Employers .
Any help is greatly appreciated.
Regards
LA_visa_girl

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