Hi, I have an aquaintance that has entered the US with H4 visa in the passport and switched to an H1B status while in US and started working. However the H4 visa stamp remained in the passport and when the person traveled back to his country and returned here he forgot to change the visa stamp from H4 to H1B; he re-entered the US with H4, therefore got an I-94 reflecting H4 status, hasn't realized that and continued working. Now he discovered that he has been working "illegaly" because although he has an I797 saying he's on H1B, his I94 states he's on H4.
Anybody had that problem before? I understand he has to go to Canada and change the visa stamp in the passport, but I also understand that he may be denied a new H1B because he will be perceived as "illegal immigrant". What is the best way to handle this?
Thanks a lot for your ideas.
Anybody had that problem before? I understand he has to go to Canada and change the visa stamp in the passport, but I also understand that he may be denied a new H1B because he will be perceived as "illegal immigrant". What is the best way to handle this?
Thanks a lot for your ideas.