old I 94 on H1 approval

[rajini567]

Hello,

Plz help guys I am on h4 and applied H1 this year and travelled out of country from March to april and returned on h4 with i 94 (yyy)while petition is pending. Later when i am in u.s my petition got approved along with cos approval effective date oct 1st 2014 but the i 94 number on the h1 approval is old i 94(xxx) which i had before leaving u.s in March.

Now my question is

1. is this an issue. which status am i in currently.

2. As cos is approved can i start working.

[itsmeusa]

1. No issues with I-94. Your I-94 remains the same as given at POE as long as you stay inside US.

2. You are in H1b starting 1st. Sure start working...

[jairichi]

You are currently on H4 status as your COS is considered abandoned due to your travel. To move to H1B exit and enter US with a valid H1B visa and I797.

[ImmigrationH1B]

Hi Rajini,

 

i think if some one travels while the petition is pending with USCIS then they have to go for stamping for the new visa

 

thanks

[rajini567]

Thanks guys but I 797 A says petition and change of status has been approved from oct 1st 2014 to mar 2016 and also have the i 94 part attached but with the old i94 number not with the one which i have when reentered in April.

Please clear my confusion and let me know what to do its a very wierd kind a scenario i have never heard of this before.

[jairichi]

1. No issues with I-94. Your I-94 remains the same as given at POE as long as you stay inside US.

2. You are in H1b starting 1st. Sure start working...

OP traveled outside US when H1B petition was pending for approval which means due to her travel COS is considered abandoned.

[jairichi]

Thanks guys but I 797 A says petition and change of status has been approved from oct 1st 2014 to mar 2016 and also have the i 94 part attached but with the old i94 number not with the one which i have when reentered in April.

Please clear my confusion and let me know what to do its a very wierd kind a scenario i have never heard of this before.

That was approved by USCIS in error. As mentioned before to be on H1B status exit and enter US with a valid H1B visa and I797.

[itsmeusa]

Please ignore my comments. What others saying are correct - as you traveled during COS is pending, even if COS is approved, it's your responsibility to go out of US, get H1b stamped and then only start working on H1b.