H4 valid I94 to H1approved without I94, Please help

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RajuHere

Registered Users (C)
Hello everyone,
This case is for my wife. She came to USA on Jan 2011 with H4 and I-94 valid till May 2013. We have applied for her H1 on Dec 2010 and got it approved last week. We got I797 WITHOUT I-94. My Questions are,

  • Can she work with her current I-94?
  • If no, what are the options she have?
  • Is going out of USA and getting it stamped the only option?
  • Some say we can apply for a Change of Status, is that possible?
  • Can she goto Mexico for H1b Stamping and reenter with H1, what is the success rate / risks we should be aware of?
  • Can she apply for SSN?

I know this forum is very supportive and any suggestions would be highly appreciated as I do not have much background on immigration matters.
 
I-94 with H1b endorsement is the legal document for working in H1 status. Are you sure the bottom portion of H1 approval notice I-797 is not I-94? What does the approval notice say (exact wordings)?
 
Thanks for the reply nkm..

The I-797 does not say anything about I-94 because, it was applied when she was in India. She then came to USA with H4 and now we got the approval.

The bottom section says "The alien may use this portion when applying for a visa at an American consulate abroad, or if no visa is required, when applying for admission to U.S."

The section has general information about petition and case number.
 
Looks like her applicatin was filed with the intention of applying for a visa abroad. In that case she has to travel out of US and enter US with the approval notice. Upon entry, she will be issued an I-94 with H1b endorsement. Until that happens, she cannot work.

Travel to Canada or Mexico is possible (but will need a visa to travel to those countries)
 
RajuHere said:
Hello everyone,
This case is for my wife. She came to USA on Jan 2011 with H4 and I-94 valid till May 2013. We have applied for her H1 on Dec 2010 and got it approved last week. We got I797 WITHOUT I-94. My Questions are,

  • Can she work with her current I-94?
    ----------------NO. She has I-94 that she got when she came on H4 status
  • If no, what are the options she have?
    ---------------- if she wants to work on H1 then she should go out of US and get H1 visa stamp and then enter on H1 status. FYI at this time Consulates are asking lot of documents from Employer for H1 visa stamping.If she has real job and employer will pay her when she start work then get H1 visa and enter on H1 status
  • Is going out of USA and getting it stamped the only option?
    --------------Yes, if she wants to work on H1.
  • Some say we can apply for a Change of Status, is that possible?
    ----------------- Possible(if Employer ready to file H4 to H1 COS) and if her COS gets approved then she can work only AFTER COS gets approved.
  • Can she goto Mexico for H1b Stamping and reenter with H1, what is the success rate / risks we should be aware of?
    ------ If she goes to Mexico or Canada and her Visa is rejected then she should go directly from Mexico or Canada to her Home country.
  • Can she apply for SSN?
    ------------NO, her status is H4

I know this forum is very supportive and any suggestions would be highly appreciated as I do not have much background on immigration matters.
Click to expand...

-------------- for more info talk to your lawyer and options
 
Thanks you all for the suggestions,

My attorney puts 2 options to me,

1. Apply for amendment of status change from H4 to H1B and get I94 staying in USA
2. Goto Mexico / Canada and get the stamping done.

Suggestions please..
 
RajuHere said:
Thanks you all for the suggestions,

My attorney puts 2 options to me,

1. Apply for amendment of status change from H4 to H1B and get I94 staying in USA
2. Goto Mexico / Canada and get the stamping done.

Suggestions please..
Click to expand...

FYI if she goes to Mexico / Canada and apply for Visa and Visa gets rejected then she will have to go directly to her home country from Mexico / Canada for Visa stamping.
** I prefer to file H4 to H1 COS
 
Since no one on the forum knows the issues with the company, I suggest you speak with an immigration attorney before planning to travel. Certain issues could certainly affect stamping.
 
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