Is H1 Approval I-94 valid from Oct 1st, if I leave the country

[a_shish_kr]

Hello,

I am on H4 and I will FILE H1 in April'07.
Generally people get I-94 and can start work from Oct 1st.

But say i leave the country for 3-4 months and come back in Sep'07 (before Oct 1st)
Then, I will have a NEW I94, and a H1 I-94.

Questions/Cases:
1. Can I start working from Oct 1st using H1 I-94?
2. Will I need change of status from H4 to H1
3. Or, I will not get I94 with H1 approval if I leave the country after applying for H1.

Please advise
Regards
Ashish

 

[ginnu]

Hello,

I am on H4 and I will FILE H1 in April'07.
---------------- you cant file your H1, US employer has to file H1. if H4 to H1 change of status is filed you need to be in US when COS is filled and approved. New H1 can be filed if you are out.
Generally people get I-94 and can start work from Oct 1st.
------------if the H4 to H1 approval has I-94 attached with approval notice


But say i leave the country for 3-4 months and come back in Sep'07 (before Oct 1st)
READ the below link:
http://uscis.gov/graphics/lawsregs/handbook/Travpub.pdf

Then, I will have a NEW I94, and a H1 I-94.
-------------you give all the I-94 when you depart. if you enter on H4 status after approval of H1 you will be on H4 status and not be able to work. better get H1 stamp and enter on H1
Questions/Cases:
1. Can I start working from Oct 1st using H1 I-94?
-----------if the H1 is approved when you are in US
2. Will I need change of status from H4 to H1
---------- employer can file H4 to H1 Change of status
3. Or, I will not get I94 with H1 approval if I leave the country after applying for H1.
http://uscis.gov/graphics/lawsregs/handbook/Travpub.pdf
Please advise
Regards
Ashish