Regarding H4 and I94 issue

[vamana]

Hi,

One month back my wife came to USA on H4 visa.

We applied for H1 to her, while she was in India and she got her H1 approved after landing in USA. We went to social security office for applying SSN. They told us that existing I-94 is showing the H4 status and she need a new I-94 with H1 status.

They asked us to contact local INS office for new I-94 with H1 status. Is it possible to get new I-94 from INS or she need to go back to India and come back again after getting stamped?

Can you please let us know about the process to get new I-94 from INS, if it is possible. Please provide your inputs.

Thanks & Regards,
Vaman.

 

[ginnu]

Hi,

One month back my wife came to USA on H4 visa.

We applied for H1 to her, while she was in India and she got her H1 approved after landing in USA.
We went to social security office for applying SSN. They told us that existing I-94 is showing the H4 status and she need a new I-94 with H1 status.
-------------SSA office gave you correct info
They asked us to contact local INS office for new I-94 with H1 status. Is it possible to get new I-94 from INS
--------no
or she need to go back to India and come back again after getting stamped?
-----------she need to go out get H1 visa stamped and enter on H1 status
OR
If her H4 based I-94 is not expired then again file COS(change of status) it is like again filing H1 and if approved then she will get I-94 attached with her H1

.
----------
Thanks & Regards,
Vaman.

 

[vamana]

Hi Ginnu,

Thank you so much. I really appreciate your help.

In my wife's case, we need to go to India for H1B stamping or we can also go to either Canada/Mexico?

My wife's new H1B approval notice has US Consulate in Chennai.

Thanks & Regards,
Vamana.

 

[ginnu]

Hi Ginnu,

Thank you so much. I really appreciate your help.

In my wife's case, we need to go to India for H1B stamping or we can also go to either Canada/Mexico?
My wife's new H1B approval notice has US Consulate in Chennai.
-----------better get stamp from India because if Visa is rejected in Canada/Mexico she will not be able to enter US from Canada/mexico and have to go directly to India
Thanks & Regards,
Vamana.

 

[puhrince]

ginnu - no disrespect,but I think you are giving wrong advice to vamana - why does a person on H4 have to leave the country and come back to update the status to H1? the SSN & immigration offices should validate the new H1 among themselves - and this is what the USCIS office told me

refer this thread in the murthy forum - apparently USCIS has screwed up entering H1 updates in their systems - its showing up as 1B1 - no wonder no is being able to apply for SSN because in the SSN systems,its showing up as either H4 or 1B1

http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=899102729&r=730102669

 

[ginnu]

ginnu - no disrespect,but I think you are giving wrong advice to vamana
---------- if it is wrong advice dont read it or belive me go to your lawyer and seek legal advice and then post if it is wrong advice. Did you read my Disclaimer ??? FYI I dont care you respect or disrespect.
- why does a person on H4 have to leave the country and come back to update the status to H1?
----------- Before posting that I gave wrong info ,did you care to read the first post??? Person Came to US on H4 status and got I-94 based on H4 and the H1 approval that he/she got is NEW H1 not COS
---------H1 for that person was filed by company while the person was in India
-----------person come to US on H4 and his/her I-94 is based on H4
------------when person reached US on H4 then his H1 was approved. Remember this was NOT Change of status from H4 to H1 filed in US

the SSN & immigration offices should validate the new H1 among themselves - and this is what the USCIS office told me
----------- USCIS will NOT validate I-94 based on H4 to H1, if that person was in US on H4 and then employer filed H4 to H1 CHANGE OF STATUS then if h1 is approved the person will get I-94 attached with H1 approval notice.