I94 problem in new H1 approval, any issues with visa revalidation?

[prameshsh]

Hi ,

Strange is how things happens with BCICS approvals.
My previous H1 expired last month , Dec13. I had applied for my H1 extension back in Sep 03, and i finally got my H1 extension approved last week. Actually i had got my wife's H4 also with it.

I was very happy on getting both of those in the mail. But when i opened and went carefully through it, i was shocked to find that the I94 which came along with the I797 H1 Approval did not have the I94# on it. All the info. on my I797 as well as on that I94 sheet [with regards my particulars like name,DOB etc.] were correct. It even has the EAC no on it except for the fact that it did not have I94 no. on it.

Actually there are 2 small perforations at the bottom of the I797 approval. One is the I94 which is the right hand side one, which is said , needs to be stapled along with the white I94 in my passport. Now this white I94 which i had got when i last entered U.S expired along with my previous H1 on Dec13.

So the only valid I94 i now have is the one which came with this new H1 approval. But i am not sure whether that that I94 is valid without any I94# on it. This no is seen above the Receipt no in bold.

My Wife's H4 has that I94 no on her's but not on mine, though both of us got approved together. Ridiculous isn't it?

The other small perforation , the left hand side one, says
"Detach this half for personal Records".

That has a Receipt # , followed by I94#. Then Name, Class and Valid From.

In my case, on this left hand side perforation, there is number against Receipt # which matches my receipt no. but there is no number against the I94# , when there should be one. My Wife's H4 does have the number against the I94#, but mine does not.

This is my second H1 extension and my previous h1 extension, did have the number against the I94#.

I am quite at a loss as to how can BCICS approve my H1 without giving me an I94 #. That too do it for one of the application ie H4 but not for the other i.e H1.

I am assuming that I94 number is required , since in future whereever the current valid I94 number is asked, i would need to provide this no. Without this no. though my H1 is valid, i would be considered illegal.

Now with this, what does this mean to me?

1] Am i out of status since my previous white I94 expired with my previous H1?

2] Now what do i need to do to correct this problem? Do i need to file again for a H1 correction or just the I94 correction?

What does that mean to me in future becoz of this issue.? Though i have a valid work permit to work becoz of I797, i do not have any valid I94 to continue to stay in U.S , becoz of this I94 issue.

3] How long does it take to correct the problem?

4] I need to get my visa revalidated as well through St Louis. Do i need to submit this I94 as well for revalidation?
Can i submit for my visa and at the same time, have this corrected?



Would appreciate ur immediate responses on this.

TIA

P.S.

 

[CaliGC]

Please Read the second paragraph.

Question 1. Can I begin working for my new employer once I have filed the H1B petition? TOP

It depends. If you were previously on H1B status, then you are legally allowed to start working for the employer upon filing the H1B Petition. Otherwise, you are not. Prior to the law signed on October 17, 2000, referred to as the American Competitiveness in the Twenty-First Century Act (AC21), the INS had consistently taken the position that a person could not start working for the new employer until approval of the H1B petition.

If you are in the U.S. in H1B status and the H1B petition is approved as a change of employer (with I-94 card updated at the bottom of the approval notice), then you may start working for the new employer upon filing the H1B Petition. If the H1B Petition is approved without an I-94, which means that the INS approved neither the change of status nor the extension of status but only approved the H1B petition, then you must first exit the U.S., apply for the H1B visa stamp at the home country consulate, and finally be readmitted on H1B status before starting the job.

From Murthy.com fourm
http://murthy.com/h1bfaqs.html#1

 

[prameshsh]

Hi,

Thanks for ur response.
But first of all, let me make a few things clear.

This is an H1 extension through my current employer, so was not changing any employer.

Plus there is an I94 along with the H1 approval petition but without an I94 number. My wife's H4 got that number
and so did i have a I94 number on my previous H1 extension.

It says I94 but BCICS forgot to print the I94 number on top of it. The I94 has all my details correctly on it but without the I94 number on it.


This is a mistake of BCICS Vermont and they should be able to correct the problem and issue me a corrected I797 with the I94 having a number printed on it.

But i am not sure what to do and how to go about getting it corrected.

P.S