No I-94 with H1B approval notice

B

baedal

Registered Users (C)
Hi,

Thank you for every information here.
I changed my status from F-1 to H1B as of January 1, 2002. My I-797B does not contain I-94 part. (In other words, the bottom part of the approval notice is just one part) My previous I-94 is still in my passport (that was valid as long as I was in student status). I have to travel abroad this April. I need help from a person who had similar experience. Here are questions.
(1) Should I apply for a new I-94?
(2) If I have to, how long does it take to get the new one? It seems to me that a local INS office handles this issue.

Thank you so much.
 
You should have gotten a new I94 before starting to work. The best way to get it is to travel to the nearest port of entry (international airport) and contacting the immigration inspector there. Without the new I94, your status in US might be considered illegal. Your F1 I94 is no longer valid .
 
your lawyer filed for a new H1

He must have messed up applying for new H1 in place of change of status ...you need to go out and get a new visa and then come back and start working.
 
There was a mistake somewhere. Either the attorney checked the wrong block and requested consular issuance of the visa or INS made a mistake when they approved the petition and issued an approval notice. It is extremely important to determine which since there could be overstay and illegal employment issues.
 
Thank you so much Jaxen, tt tt, and James.
That is right that the original application indicates the wrong mark as James suspected. The INS issued the approval notice to acquire a visa at POE. Nobody knew about the implication of that because there was no attorney involved in this issue.

There are a couple subsequent questions:
(1) My OPT expired in May 31, 2002 and H1 approved in May 14 2002. What is my status now? As you indicated, there are problems of an illegal stay and an illegal employment (by a state government).
(2) What is the possible way to solve this problem without having a 3-year ban?

Thank you so much for your valuable comments.
 
you need to get a good attorney...

you have crossed the 6 months illegal stay period. Please get hold of an attorney and try to explain to the INS that it was a mistake that cause this whole situation..maybe they will consider it since you filed for th H1 in time...so it was not your intention to mess with the law.
 
Thank you so much again, tt tt and Jim.

I will talk to an immigration lawyer. If there is a good way to solve this problem, I will repost the result for the future use.

Thank you again. (Jim, a special thank for your reply to my e-mail inquiry either.)
 
My employer filed a new petition for an amendment to the Immigration Services.

The documents attached were almost same as the initial H1 petition. The only difference is I-129W in which a check was marked in the box for a $1,000 waiver becuase it is an amendment. A new cover letter was written persuading that the initial petition contained a "clerical error" and it was not intentional.

My employer mailed it with premium processing, and a new (actually, amended) H1 is approved with I-94 less than ten calendar days.

Thank tt tt and Jim for the valuable comments.
 
well..

I hope the INS takes into consideration that you did not INTEND to work illegally since you have filed the initial H1 application in time.
However they have become quite strict lately..so you need to watch out. It was good that you filed it now with preimum processing..you will get the answer ..good or bad..in 15 days.
wishing you the best..
 
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