Travel during H4 to H1 conversion.. please help

[hellokrishna]

I applied for H4 to H1 conversion (April'06) and then travelled to India (May'06). I came back on H4 (Jun'06). After one month my H1 was approved which includes a new I 94 valid from Oct'06.

Can I start my employment from Oct '06 or do I have to get my H1 stamped.

 

[GotPR?]

Validity of I-94 is very questionable.
If one departed the US during COS is pending, COS is considered abandoned. This rule is solid and CIS repeatedly insists.
Unfortunately, yours is typical case of COS denial due to traveling, however USCIS probably was not aware of your travel, therefore COS got approved.
I believe taking advantage of their mistake or unawareness is risky.

I'd recommend to talk to lawyer before you jump into conclusion.

 

[hellokrishna]

Hi GotPr

thanks for your response. Please refer 3rd page and 4th page article.

http://www.uscis.gov/graphics/lawsregs/handbook/Travpub.pdf

does n't it say H1 is valid..?

2nd question.
If H1's I94 is invalid and H4's I94 is valid, Then can we not apply for Change of status (H4 to H1)again without leaving the country.

 

[GotPR?]

You may be able to amend, but I'm not 100% sure.
You had better talk to lawyer.

 

[hellokrishna]

Thanks for your reply. If she is not H1, then she may not be on H4 alos as her H4 is also ending soon.

I want to consult an attorney. Could you refer somebody.

Can I request INS to provide this information, like on what status somebody is in by giving the recept number.