H4 to H1 transfer (I-94 not issued)

S

sudhasri

Registered Users (C)
HI,

My employer applied for my H-1 when I am in U.S.. When he applied for H-1, I was on valid H-4 status.

But when I got my H-1, I-94 is not attached to that. H-1 has instructions about appearing at Chennai consulate.

I assume the reasons for not getting I-94, is that my employer has not applied for change of status (without my H-4 details).

Now is there a way to change my status or obtain I-94 based on new H-1? Is there any scope for amendment of the approved H-1 petition?

Thanks in advance for taking your time to answer this query.

With Regards
Srinivas
 
HI,

My employer applied for my H-1 when I am in U.S.. When he applied for H-1, I was on valid H-4 status.

But when I got my H-1, I-94 is not attached to that. H-1 has instructions about appearing at Chennai consulate.

I assume the reasons for not getting I-94, is that my employer has not applied for change of status (without my H-4 details).

Now is there a way to change my status or obtain I-94 based on new H-1? Is there any scope for amendment of the approved H-1 petition?

Thanks in advance for taking your time to answer this query.

With Regards
Srinivas
 
sudhasri said:
HI,

My employer applied for my H-1 when I am in U.S.. When he applied for H-1, I was on valid H-4 status.

But when I got my H-1, I-94 is not attached to that. H-1 has instructions about appearing at Chennai consulate.

I assume the reasons for not getting I-94, is that my employer has not applied for change of status (without my H-4 details).
normally employer apply for change of status also when the person (you) already in USA. but its USCIS discretion to authorize the change of status(meaning getting new i94 attached to the h1 approval). now you are NOT legally authorized to work for that employer unless you exit and reenter using valid h1 stamp based on that approved h1.

if your current i94 (based on h4) is still valid then you should be ok but you should ensure that your stay in this country is based on the i94 or pending i485 (adjustment of status) petition.

if your current i94 is invalid then you HAVE TO exit usa immediately and enter using that h1 (with that visa stamp) or h4 if applicable. if your current i94 is still valid then you have appropriate time based on that i94 to take your decision to exit and reenter using h1/h4 or or extend h4 here.


Now is there a way to change my status or obtain I-94 based on new H-1? Is there any scope for amendment of the approved H-1 petition?

Thanks in advance for taking your time to answer this query.

With Regards
Srinivas
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I am also in a similar situation. I am presently on H4 with I94 valid till May 2006 and applied for H1 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. Was there any reasoning provided to you why I94/change of status was not granted along with your H1 approval. What did you do to fix this, I understand from talking to various sources and some attorney staff that they can do a motion to reopen requesting to change as we are already in US. Appreciate your kind response and tell us what you're doing to fix this.
 
Hello i am in the same situation..my attorney contacted the INS and they said it is a processing error....also they asked me to wait for 30 days....pll anyone did u get ur I 94....pll share ur experiences
 
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