H4 to H1B, Do I need a visa stamp?

[sandiegotechie]

I recently came to the US in August 2006 on H4 Visa and prior to that I was living in India. My H1B visa was filed in April 2006 (while I was in India) and it recently got approved. The I-94 on my passport says H4 Visa and is valid till end of next year (2007). Do I need to go out of country to get my H1B visa stamped to start working or Can I start working on the basis of H1B approval notice?

 

[ginnu]

I recently came to the US in August 2006 on H4 Visa and prior to that I was living in India.
My H1B visa was filed in April 2006 (while I was in India) and it recently got approved.

The I-94 on my passport says H4 Visa and is valid till end of next year (2007).

Do I need to go out of country to get my H1B visa stamped to start working or Can I start working on the basis of H1B approval notice?
------------------- you need to get H1 stamp and enter on H1 status to start working. I dont think your H1 approval notice has I-94 attached

 

[sandiegotechie]

Response from USCIS

Had a conversation with an officer in USCIS. As per him, I don't need a visa stamp to start working. Though my H1 petition does not have an I-94 (as I-129 was applied when I was in India), he said that I can work on the basis of my approval notice and my current I-94 (the one that I got when I entered the US in H4) till the validity of my current I-94 (2007) and go out of country for a stamp before my current I-94 expires. And if I go out of the country before 2007, I will have to re-enter with a stamped H1B visa. As per him, USCIS considers I-94 as only an arrival and departure record and does not expect an update within H categories on I-94 as long as the person is within the US and the I-94 date is valid.

So, Ginnu, you got me confused.

 

[GreenCardVirus]

I recently came to the US in August 2006 on H4 Visa and prior to that I was living in India. My H1B visa was filed in April 2006 (while I was in India) and it recently got approved. The I-94 on my passport says H4 Visa and is valid till end of next year (2007). Do I need to go out of country to get my H1B visa stamped to start working or Can I start working on the basis of H1B approval notice?

The officer is right. Only catch is that you should be in US on H4 when your H1 is approved. Generally, after entering on H4, you should provide the new information to your in-process H1 application.

 

[GotPR?]

Officer is NOT correct. Probably you did not provide full detail to him, or he just did not know the stuffs.

You did not get new I-94 with approval notice,which implies you did not file change of status with I-129 form, therefore you can not change your status in the US. You have to get H1 stamp.

Approval petition has nothing to do with your status, but I-94 does.
Current I-94 is annotated with H4, and it does not authorize you to work.

 

[ginnu]

Had a conversation with an officer in USCIS.
---------- he/she is not lawyer. where did you talk to USCIS officer? if you called 1800 they are not USCIS officers and not expert with immigrant law.

As per him, I don't need a visa stamp to start working. Though my H1 petition does not have an I-94 (as I-129 was applied when I was in India), he said that I can work on the basis of my approval notice and my current I-94 (the one that I got when I entered the US in H4) till the validity of my current I-94 (2007) and go out of country for a stamp before my current I-94 expires. And if I go out of the country before 2007, I will have to re-enter with a stamped H1B visa. As per him, USCIS considers I-94 as only an arrival and departure record and does not expect an update within H categories on I-94 as long as the person is within the US and the I-94 date is valid.
-------------- he/she gave you wrong info.
So, Ginnu, you got me confused.
--------- dont get confused ignore my post and go to your lawyer to seek legal advice

 

[braniand]

OK, guys, it is very simple. Been here, done that, no problem. When your employer received the Notice of approval for H1B, the top part of the notice remains with employer. The bottom part of the Notice of Approval is for YOU. It consists of 2 parts, left part is for your records, and right part it to be attached to I-94 in your passport. It is so simple, you don't need to get your passport stamped, just attach half of your part to I-94, and you are fine. Then when you go to your home country, you have to apply for a new visa, and then get stamped. But you don't have to, only when you go back for vacation. Good luck!

 

[GreenCardVirus]

Officer is NOT correct. Probably you did not provide full detail to him, or he just did not know the stuffs.

You did not get new I-94 with approval notice,which implies you did not file change of status with I-129 form, therefore you can not change your status in the US. You have to get H1 stamp.

Approval petition has nothing to do with your status, but I-94 does.
Current I-94 is annotated with H4, and it does not authorize you to work.

I think I misread the original post. Can she file change of status now without leaving?

 

[sandiegotechie]

Re: H1B, Do I need a visa stamp?

I guess the people on the phone at USCIS are not legal experts. I have explained my exact situation to two separate renowned attorney firms and they have a divided opinion. I also have an in-person interview with an immigration officer in another 10 days time and I shall ask his opinion. I will surely share the outcome of the interview in this thread.