Change of Status and I-94 Issues


Attorney_22

Recommended Posts

This week, Murthy Law Firm attorneys will answer questions regarding changes of status and I-94 issues.  

 

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

 

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

 

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

 

4. Please do not provide information which would identify any specific company, university or individual.

Link to comment

Hi,

 

I most recently entered the US on 30th June 2016. When I try to access my latest I-94, it does not show that I entered the US on 30th June, it only shows a history of my previous entries. I want to apply for H4 EAD asap and I need the latest I 94 number. I tried calling the CBP helpline but could not connect. I tried calling the CBP office at Salt Lake City (from where I entered the US) but I have always been redirected to an officer who is not at the desk. Voicemail has evoked no response yet. What should I be doing now? Any pointers would be greatly appreciated. TIA.

Link to comment

Hi,

 

My H1-B application was denied in 2014 and an appeal was filed in the end of 2014. I had left US in Jan 2015 and returned in May 2015 on a new F1 visa. USCIS approved my appeal and petition but denied change of status in March this year. My employer filed a COS in June and today the case status got updated as 'Correspondence was received and USCIS is reviewing it'. I feel a bit confused because they had received my COS application in June.

 

 

Please advise.

 

 

Best Regards,

 

Ravi V.

Link to comment
My wife is currently working in a company which is not e-verified, on F1 visa (12-month OPT). Her 12 month OPT ends on June 30, 2017. I have an approved I-140 with my current employer, and my current H-1B ends on Sep 30, 2018.

 

1. Can my wife apply for "change of status from F1 to H4" and "H4 EAD" simultaneously? If so, how? 

 

2. How to maintain uninterrupted work authorization while transferring the status from F1 to H4, and obtaining H4 EAD? 

 

For example, if F1 to H4 transfer occurs on Nov 1, 2016 and H4 EAD is approved on Nov 30, 2016, she will not have work authorization between Nov 1 and Nov 30. My understanding is that her 12-month OPT will become invalid once her status changes to H4. How to avoid this?

 

3. How will my job change affect my wife's H4 EAD status? Is renewal of my wife's H4 EAD dependent on my employer in any way?

 

For example, let's say I change my job at the end of 2017, and get new 3-year H-1B extension with the new employer which will be valid until the end of 2020. If I'm not wrong, my wife's first approved H4 EAD will be valid until Sep 30, 2018. At what point of time, would my wife be eligible to apply for renewal of H4 EAD?

 

I would really appreciate if you answer these questions. Thank you.

Link to comment

Hi, my wife and I applied change of status (L-1 , L-2 to H-1B) through H-B CAP this year and its selected in lottery this year. I have completed my assignment and exited US with family. Now what will happen to my change of status request, will USCIS adjudicate our case as consulate notification?

 

Thanks in advance.

Link to comment

Hi,

 

I most recently entered the US on 30th June 2016. When I try to access my latest I-94, it does not show that I entered the US on 30th June, it only shows a history of my previous entries. I want to apply for H4 EAD asap and I need the latest I 94 number. I tried calling the CBP helpline but could not connect. I tried calling the CBP office at Salt Lake City (from where I entered the US) but I have always been redirected to an officer who is not at the desk. Voicemail has evoked no response yet. What should I be doing now? Any pointers would be greatly appreciated. TIA.

When you enter the CBP I-94 site you can choose to print your travel history or the most recent I-94. Make sure you are choosing I-94 and not travel history. If there is a system error in the I-94 section the deferred inspection desk should be able to resolve the issue. If the desk is unresponsive you can attempt to call other deferred inspection offices. Lastly, you can visit the the deferred inspection office in person, however we generally do not recommend that option. 

Link to comment

Hi,

 

My H1-B application was denied in 2014 and an appeal was filed in the end of 2014. I had left US in Jan 2015 and returned in May 2015 on a new F1 visa. USCIS approved my appeal and petition but denied change of status in March this year. My employer filed a COS in June and today the case status got updated as 'Correspondence was received and USCIS is reviewing it'. I feel a bit confused because they had received my COS application in June.

 

 

Please advise.

 

 

Best Regards,

 

Ravi V.

Unfortunately the online case status is not always accurate or timely. Therefore it is advisable to speak with the attorney handling the case. 

Link to comment

 

My wife is currently working in a company which is not e-verified, on F1 visa (12-month OPT). Her 12 month OPT ends on June 30, 2017. I have an approved I-140 with my current employer, and my current H-1B ends on Sep 30, 2018.
 
1. Can my wife apply for "change of status from F1 to H4" and "H4 EAD" simultaneously? If so, how? 
 
2. How to maintain uninterrupted work authorization while transferring the status from F1 to H4, and obtaining H4 EAD? 
 
For example, if F1 to H4 transfer occurs on Nov 1, 2016 and H4 EAD is approved on Nov 30, 2016, she will not have work authorization between Nov 1 and Nov 30. My understanding is that her 12-month OPT will become invalid once her status changes to H4. How to avoid this?
 
3. How will my job change affect my wife's H4 EAD status? Is renewal of my wife's H4 EAD dependent on my employer in any way?
 
For example, let's say I change my job at the end of 2017, and get new 3-year H-1B extension with the new employer which will be valid until the end of 2020. If I'm not wrong, my wife's first approved H4 EAD will be valid until Sep 30, 2018. At what point of time, would my wife be eligible to apply for renewal of H4 EAD?
 
I would really appreciate if you answer these questions. Thank you.

 

Yes, a change of status from F1 to H4 can be concurrently filed with the H4EAD application. However a delay is possible between approval of the H4 and receipt of the EAD. Generally the basis for an EAD must remain valid. To discuss this in more detail it is advisable to speak to an experienced U.S. immigration attorney directly. 

Link to comment

Hi, my wife and I applied change of status (L-1 , L-2 to H-1B) through H-B CAP this year and its selected in lottery this year. I have completed my assignment and exited US with family. Now what will happen to my change of status request, will USCIS adjudicate our case as consulate notification?

 

Thanks in advance.

The answer depends on the specifics of the H1B petition and its current status. Generally, if the COS petition is still pending and you depart the U.S. the petition can be approved, but the COS will be denied. Accordingly, it is advisable to speak directly to a qualified U.S. immigration attorney to advise you properly. 

Link to comment

Change client before H1B Start Date 1st Oct 2016          

 I work for a consulting company. My company filed a new H1B for work at Client A and location X. currently  H1B is approved, however I  have to change my client to Client B at  location Y, is it feasible? Can clients be changed before H1b Start Date? I'm on OPT now. Please advise.

Link to comment

Change client before H1B Start Date 1st Oct 2016            I work for a consulting company. My company filed a new H1B for work at Client A and location X. currently  H1B is approved, however I  have to change my client to Client B at  location Y, is it feasible? Can clients be changed before H1b Start Date? I'm on OPT now. Please advise.

You can do that on OPT but on H1 you need amendment.

Link to comment

Hi,

 

My H1B visa & I94 is expiring on Aug 19, 2016. Also six year limit of H1b is getting over on same date (Aug 19, 2016). My visa conversion to L1A is filed by my company on July 14, 2016.

I have few questions:

1. If my L1A visa is in filed status, can I work beyond Aug 19, 2016

2. Can I stay in US if my L1 visa conversion is in filed status after Aug 19, 2016.

 

Thanks,

Link to comment

Hi,

 

My H1B visa & I94 is expiring on Aug 19, 2016. Also six year limit of H1b is getting over on same date (Aug 19, 2016). My visa conversion to L1A is filed by my company on July 14, 2016.

I have few questions:

1. If my L1A visa is in filed status, can I work beyond Aug 19, 2016

2. Can I stay in US if my L1 visa conversion is in filed status after Aug 19, 2016.

 

Thanks,

You will not have work authorization pursuant to the L1A until it is approved. If the L1A is still pending after the expiration of the H1B although you will not have work authorization you can remain in the U.S. while the L1A is pending. However, you should be sure there is not a gap in the requested start date of the L1A and the H1B expiration. To discuss this in more detail it is advisable to speak directly with your attorney. 

Link to comment

Yes, a change of status from F1 to H4 can be concurrently filed with the H4EAD application. However a delay is possible between approval of the H4 and receipt of the EAD. Generally the basis for an EAD must remain valid. To discuss this in more detail it is advisable to speak to an experienced U.S. immigration attorney directly. 

Thank you very much for the info provided. I appreciate your help. It would be really helpful if you can share some insight on the below specific question.

 

Question: How will my job change affect my wife's H4 EAD status? Is renewal of my wife's H4 EAD dependent on my employer in any way?
 
Background: I have an approved I-140 with my current employer "A", and H-1B approval until Sep 30, 2018.
 
Scenario: If I change my job at the end of 2017, I would get 3-year H-1B extension with the new employer "B" which will be valid until the end of 2020. If I'm not wrong, my wife's first approved H4 EAD will be valid until Sep 30, 2018.
 
i) On what basis would the renewal of H4 EAD be granted? Would it based on my 3-year H-1B extension with the new employer "B"?
ii) When would my wife be eligible to apply for renewal of H4 EAD?
Link to comment

Need Help  Urgently.

 

I am on H1b (Valid from Sep 10,2016 to Sep 10, 2019) and My wife's is on h4 visa. its valid until Sep 10, 2016 and we received I-797 validity for her from Sep 21 until Sep 2019.

 So she will be out of status for nearly 10 days.

 

1)I think this is printing mistake from USCIS, So should I contact them to make it correct?

 

2) Considering We both are going In October, 2016 for stamping In India, Could this create issue?

 

Need to schedule appointment date, So I will Appreciate quick response.

 

Thanks Again.

 

Link to comment

Hello,

 

Will not responding to a H-1B RFE, affect any immigration related applications in the Future?

 

I have an H-1B approved from Company A, and an H-1B RFE from Company B. I do not wish to join Company B now, and so the Company B do not wish to respond to the RFE.

 

The approved H-1B from Company A has COS (Change of Status) and I am on OPT Cap-Gap until September 30th and then will be on H-1B status from October 1st.

 

If the company B does not reply to the RFE within the time allowed (87 days), USCIS will abandon and deny the case. If the case is abandoned and denied, will this affect my COS which is approved with the Company A H-1B approval?

 

If the company B withdraws the petition in response to the RFE, again will this affect my COS which is approved with the Company A H-1B approval?

 

Also will the withdrawal or not replying to RFE (abandoned or denied case) affect any of my immigration related applications in the future like H-1B transfer, H-1b extension, Green card application.

 

FYI: I have a new attached I-94 to the company A H-1B approval copy valid from October 1st 2016 till September 10th 2019.

 

In short, will Company B's H-1B petition outcome affect Company A's H-1B approved petition? 

 

Awaiting your reply.

 

Thank you.

Link to comment

Need Help  Urgently.

 

I am on H1b (Valid from Sep 10,2016 to Sep 10, 2019) and My wife's is on h4 visa. its valid until Sep 10, 2016 and we received I-797 validity for her from Sep 21 until Sep 2019.

 So she will be out of status for nearly 10 days.

 

1)I think this is printing mistake from USCIS, So should I contact them to make it correct?

 

2) Considering We both are going In October, 2016 for stamping In India, Could this create issue?

 

Need to schedule appointment date, So I will Appreciate quick response.

 

Thanks Again.

You should first look at her I-94 and passport stamp from last entry. CBP sometimes gives an automatic ten-day extension on the original I-797 validity dates, or visa validity dates. If so, USCIS extended the new period from the end of that automatic extension. Hopefully, that will resolve your concern. However, if there is still an issue it is worth speaking directly with your immigration attorney.  

Link to comment

Thanks Attorney_22  for quick reply. her most recent (I-797/ I-94) shows validity as (9/21/2016 until 9/10/2016) and her visa is valid until 9/11/2016.

 

We are travelling in Oct to home country to get it stamped. So its not a printing mistake done by USCIS but automatic extension for 10 days?

 

 

Thanks again..

Link to comment

Thanks Attorney_22  for quick reply. her most recent (I-797/ I-94) shows validity as (9/21/2016 until 9/10/2016) and her visa is valid until 9/11/2016.

 

We are travelling in Oct to home country to get it stamped. So its not a printing mistake done by USCIS but automatic extension for 10 days?

 

 

Thanks again..

Look at the I-94 from last entry into the U.S. What does that say? 

Link to comment

Hello,

 

Will not responding to a H-1B RFE, affect any immigration related applications in the Future?

 

I have an H-1B approved from Company A, and an H-1B RFE from Company B. I do not wish to join Company B now, and so the Company B do not wish to respond to the RFE.

 

The approved H-1B from Company A has COS (Change of Status) and I am on OPT Cap-Gap until September 30th and then will be on H-1B status from October 1st.

 

If the company B does not reply to the RFE within the time allowed (87 days), USCIS will abandon and deny the case. If the case is abandoned and denied, will this affect my COS which is approved with the Company A H-1B approval?

 

If the company B withdraws the petition in response to the RFE, again will this affect my COS which is approved with the Company A H-1B approval?

 

Also will the withdrawal or not replying to RFE (abandoned or denied case) affect any of my immigration related applications in the future like H-1B transfer, H-1b extension, Green card application.

 

FYI: I have a new attached I-94 to the company A H-1B approval copy valid from October 1st 2016 till September 10th 2019.

 

In short, will Company B's H-1B petition outcome affect Company A's H-1B approved petition? 

 

Awaiting your reply.

 

Thank you.

It is advisable to speak to an attorney directly to answer your questions and concerns. 

Link to comment

I have been admitted for fall 2016. I have applied for my change of status from F2 to F1 on June 20 2016 and still waiting for the approval as the processing time is 2.5 months from the date USCIS received my application i could expedite my application process so i am confused as of now to whether attend the orientation and enroll for the classes full time or not.I have contacted DHS and they told me i cannot enroll full-time until i receive the approval letter but i can enroll part time while on F2 status in this i have 2 cases 

Case 1: 

What happens if i attended Orientation and enroll part time classes and in the middle of semester my status has changed to F1 is it considered as from the date of approval or from the next semester i.e.,Spring 2017 it will considered as F1 full time student because i wanted to be on F1 Full time academic student for atleast 1 Full academic Year further approval of CPT or OPT application.

Case 2:

What happens if i defer my application to Spring 2017 and wait for the approval of Change of status to F1 if my status has been changed to F1 some around end of September 2016 will i be in status lawfully without enrolling for classes in this fall 2016 semester or not because there are like 3 months gap to start for Spring 2017 Semester if my application is deferred.

Link to comment
  • 3 weeks later...

Hi, 

 

Need Help on this issue- Immediate response is appreciated!

 

Below was the response for my question on the chat but I am still not 100% sure of understanding it. 

 

I had a question about F1 to H4 Visa transfer. Can I stay with the receipt number without being current in the college.

 

 Attorney: It is permissible to stay in the U.S. based upon a timely filed request to change status. Thus, if the H4 is properly filed while still holding F1, it is possible to stay and wait for the H4 decision without complying with all the F1 requirements.

 

So, the attorney replied to me "it is possible to stay and wait for the H4 decision without complying with all the F1 requirements." does it mean I can stay without attending the college after my quarter break and most importantly If I am not attending the course quarter, I will be not paying the tuition as well, that will put my student account on hold but can the college effect my F-1 visa or my SEVIS or update anything to USCIS regarding my status in the college. 

 

Please let me the know If I can stay in US without attending college even after my break ends and quarter start(Aug 20th 2016). 

 

Thank You. 

Link to comment

Hi, 

 

Need Help on this issue- Immediate response is appreciated!

 

Below was the response for my question on the chat but I am still not 100% sure of understanding it. 

 

I had a question about F1 to H4 Visa transfer. Can I stay with the receipt number without being current in the college.

 

 Attorney: It is permissible to stay in the U.S. based upon a timely filed request to change status. Thus, if the H4 is properly filed while still holding F1, it is possible to stay and wait for the H4 decision without complying with all the F1 requirements.

 

So, the attorney replied to me "it is possible to stay and wait for the H4 decision without complying with all the F1 requirements." does it mean I can stay without attending the college after my quarter break and most importantly If I am not attending the course quarter, I will be not paying the tuition as well, that will put my student account on hold but can the college effect my F-1 visa or my SEVIS or update anything to USCIS regarding my status in the college. 

 

Please let me the know If I can stay in US without attending college even after my break ends and quarter start(Aug 20th 2016). 

 

Thank You. 

It is advisable to call our office to speak with one of our attorneys about your situation. 

Link to comment

Hello Attorney,

 

I came to USA in 2013  on H4 visa which was valid thru March 2016. Later I converted to F1 visa and got an OPT valid till Dec 2016. As now I am eligible for H4 EAD, I have applied for COS F1 to H4. I have worked as volunteer and don't have pay stubs and my employer is not providing an employment verification letter too. Though, my DSO has updated my employer name in my I20 based on the employment letter earlier.

My question is not submitting employment letter or paystubs result in RFE or denial for F1 to H4 COS when all other documentation including H1 spouse is good.

Thanks !

Link to comment

Archived

This topic is now archived and is closed to further replies.

Guest
This topic is now closed to further replies.