URGENT : Ginnu & others pls reply!!!!

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Jaggy

Registered Users (C)
Hello
My wife has an unexpired H4 visa till May 2005 and recently in August she changed her status from H4 to H1 within the US with a start date of 1st oct 2004. So she has an H1B approval notice with an I94 card attached. Her I485 has also been filed and fingerprinting done. Recently we went to Canada and came back in 2 days(Less than 30 days). She showed her H4 visa which the immigration officer swiped through the machine and no new I94 was given and neither was our passports stamped. My question is what is my wife's status, is it H4 or H1?. I have heard that if the stay is less than 30 days then her status would still be H1 but the immigration officer swiped her H4 visa and WE DID NOT SHOW HIM THE H1B APPROVAL NOTICE AT ALL. Once again she was not given a new I94 card at all.
Please advise
Thanks
Jagdeep
 
H1 and H4

Jaggy said:
Hello
My wife has an unexpired H4 visa till May 2005 and recently in August she changed her status from H4 to H1 within the US with a start date of 1st oct 2004. So she has an H1B approval notice with an I94 card attached. Her I485 has also been filed and fingerprinting done. Recently we went to Canada and came back in 2 days(Less than 30 days). She showed her H4 visa which the immigration officer swiped through the machine and no new I94 was given and neither was our passports stamped. My question is what is my wife's status, is it H4 or H1?. I have heard that if the stay is less than 30 days then her status would still be H1 but the immigration officer swiped her H4 visa and WE DID NOT SHOW HIM THE H1B APPROVAL NOTICE AT ALL. Once again she was not given a new I94 card at all.
Please advise
Thanks
Jagdeep
Click to expand...
 
H4 & H1 I94

Jaggi Paa,
What tempted you to hide the fact when officer swiped your H4 visa through the machine.Did he take her old H4 I94 . You should have called US Consulate in Canada while you were there and asked them about stamping issue. Please Consult immigration expert.


Jaggy said:
Hello
My wife has an unexpired H4 visa till May 2005 and recently in August she changed her status from H4 to H1 within the US with a start date of 1st oct 2004. So she has an H1B approval notice with an I94 card attached. Her I485 has also been filed and fingerprinting done. Recently we went to Canada and came back in 2 days(Less than 30 days). She showed her H4 visa which the immigration officer swiped through the machine and no new I94 was given and neither was our passports stamped. My question is what is my wife's status, is it H4 or H1?. I have heard that if the stay is less than 30 days then her status would still be H1 but the immigration officer swiped her H4 visa and WE DID NOT SHOW HIM THE H1B APPROVAL NOTICE AT ALL. Once again she was not given a new I94 card at all.
Please advise
Thanks
Jagdeep
Click to expand...
 
Jaggy said:
Hello
My wife has an unexpired H4 visa till May 2005 and recently in August she changed her status from H4 to H1 within the US with a start date of 1st oct 2004.
So she has an H1B approval notice with an I94 card attached. Her I485 has also been filed and fingerprinting done.
Recently we went to Canada and came back in 2 days(Less than 30 days). She showed her H4 visa which the immigration officer swiped through the machine and no new I94 was given and neither was our passports stamped. My question is what is my wife's status, is it H4 or H1?.
--H4
I have heard that if the stay is less than 30 days then her status would still be H1 but the immigration officer swiped her H4 visa and WE DID NOT SHOW HIM THE H1B APPROVAL NOTICE AT ALL.
----- POE officer does not get dreams that your wife has H1 approval notice with valid I-94 on base of H1 as she has NOT shown H1 approval It seems she is admitted as H4, you need to discuss with your lawyer

Once again she was not given a new I94 card at all.
-----POE officer is correct becase she has shown H4 Visa stamp and I-94 that was attached in her passport based on H4 Status and they are not supposed to give new I-94 if trip to Canada or Mexico is less than 30 days,
******if she had shown I-94 that came with H1B approval attached from USCIS at POE then let us know.
Please advise
Thanks
Jagdeep
Click to expand...
 
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