Passport renewal in Vancouver, does the old I-94 still valid with the new passport ?

[mys-couple]

Dear all,

We have spent 7 hours reading the posts in this forum but still couldn't find the answer for our case. Hope that someone can give us some lights...

My wife works in Vancouver. She is travelling in and out US with H4 of my H1B. She has been using the same H4 I-94 as she travels frequently (once/twice a month.)

Recently the company is filing her H1B for transfer to US (now under process). But her passport has no more 'porper' empty pages for visa. We are planning for her passport renewal in Malaysia embassy in Vancouver (it is nearer and faster there).

Questions:
1. Is it okay if she's in Canada when her H1B is approved (she's still holding the same H4 I-94 when she's in Vancouver), or does she need to be in US ? (We filed I-129 when she's in US. Thus she will get a new H1B I-94 along with I-797 upon approval.)

2. If she obtained a new passport in Canada, is the old I-94 still valid with the new passport, or will POE officer request her to change a new I-94 during her next entry to US ? (I understand that changing a I-94 may be disastrous when I-129 petition is pending approval.)

3. We are planning to get her first H1B visa stamp in Vancouver, since she has worked in Canada on work permit for 1 year already. However, she's holding a non-US university bachelor degree. We feel that she will be fine to get her visa stamp. We know of a recent female Malaysian getting her stamp there in a day. Is there anything we overlook ?

4. Is it okay if she just stays in Vancouver to wait for the approval package (with new I94) sent to her by mail ?

p/s: We are both Malaysian, non-muslim.

YOUR ADVICE IS HIGHLY APPRECIATED !!!


mys-couple

 

[mys-couple]

experts/Jaxen/Jim please help. Urgent. Will Appreciate very much!!!

Dear Jaxen/Jim/tungFong/ or any other people with similar experience,

Please kindly give us some advice. It is urgent, and we are waiting for your advice before any further action.

Thank you very much,
mys-couple

 

[mgh2001]

1. Its best if she's in U.S as she would not have to go through the hassle of getting H-1 visa and entering the U.S. Getting an H-1 approved with I-94 within U.S does not require one to travel outside.

Note, if she is outside U.S and petition is approved she should absolutely NOT enter the U.S on old H-4/I-94 . Doing so would create unnecessary complications (basically she would be entering as an H-4 and working would result in unauthorized employment)

2. Should not require new I-94 since entry is still based on old H-4 visa/passport.

3. Make sure you have all documents (review documents list posted on his site)

4. Not sure what the implications are of having I-94 mailed as opposed to carrying it across the border. Check with company lawyers.

Recommend she be in the U.S when her H-1 is approved to avoid any visa complications. Also, consider filing with premium processing, $1000 is a small price to pay to avoid all these hassles (receive decision within 15 days).