H4- H1 approval notice without an I-94

knk_hyd

Registered Users (C)
Hi,
I have a situation and need advise. I know I have too many questions may take some time to read, but since its a matter of visa status issue, please advice.

I am on H1B on working in US since May 2000. I got married in 2002. And both of our (myself and my wife's) visas and I94 was expiring in Aug 2003.
My H1B and my wife's H4 were sent for extension in July 2003.

My H1 extension came through fine but H4 had a query as they wanted to see my Marriage Certificate (Though I made sure that my marriage certificate was already included). My company responded to that query my explicitly sending the marriage certificate in time. But it seems USCIS never received the response and they have closed the case. So my company had to reopen the case (Motion to reopen or reconsider the case) in March 2004. This case is still pending (more then 7 months).

In the meantime I changed my Job and working on a new H1B (didn't apply for H4 transfer) and my wife also applied for a H1. Her H1B approval (Oct 1 2004 - Sept 2007) came through but without an I94 (with the reason as applicant was out of status and change of status denied).

I have all the documentation (receipt notices, query and response including FedEx receipts from my previous company that response to the query was sent on time and could be case where response was lost.
Please let me know, what I am supposed to do in this case.

i) Is it possible to get an I94 for her H1B showing the proof that all the applications and responses were filed on time and her status is valid.
ii) Can my wife start working on her new H1B (without an I94), and get her passport stamped with new H1B in India when we visit.
iii) Do we need to cancel the pending H4 (motion to reopen) or wait till it gets approved.
iv) Can she get her H1B stamped in Mexico?
v) Will there be any problem if she goes to India (Chennai) for stamping for new H1B. And what all documentation does she need to take to the consulate.


Option (i) would be most viable for me, please advice.

Help will be greatly appreciated.



Regards
KNK_HYD
 
Similar situation

Hi ..
I had a similar situation as of your wife.. Applied for a h-1 transfer and got a simple query form INS bcoz the lawyer wrote "Masters of Science in Science" for me and not specified my IT degree,anyways lawyer replied at the last moment on the query even though we gave the documents asap , INS says it never received the documents but lawyer had copy of fedex airway bill, and INS closed the case. Lawyer passed a motion to reopen the case but it got denied, but he has still petitioned. My company hired a different lawyer meanwhile and requested a new h-1 with premium processing asking for adjustment of status. GOt the approval without I-94 and INS on the approval says that adjustment of status is denied I will have to go the indian consulate(mumbai) to get my visa stamped. Now, its too delicate situation for me .. am confused whether a) Can i get a denial of visa even when it weas not my fault or fault of lawyer's /INS's 2) through out i have maintained flawless status with my student visa and my CPT/OPT 3) I have got an appointment in dec and presently working on a project. How long can I stay here before leaving to India, in a limbo whether I have to leave right away ro can leave in november.
Any answers would be appreciated. Thanks in advance for everyones help .
 
The attorney states that one needs to go out of the country and get the visa stamped as soon as possible. So the same applies to you also. I was in a similar situation as you and got my H1B stamped in Canada without any problems and also Mumbai is known to be very liberal so you should be in good shape.
 
I am also in a similar situation. We applied H1 petetion for my wife presently on H4 with a request for change of status. The H1 petetion was approved but they did'nt send any communication regarding change of status and the I94 was also not attached. I was just wondering when you said you got a reasoning why I94 was not granted, where was it specified. Was it specified on the approval notice or a additional document/memo was sent along with the approval. Appreciate your kind response.
 
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