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Subhashini palaniappan

My H1 Approved without I 94

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You need to go leave US, take an appointment with any US embassy or consulate and get a new US Visa and re-enter USA with the new visa. You can go to Canada, Mexico, Jamaica or any other consulate/embassy. But these days it's bit risky if you are appearing for a US Visa interview in any other country than your home country.

Best option is to go to India, assuming that's your home country, and apply for a US visa from the nearest US Consulate/Embassy. In case form 221-G is issued, you will have a home to stay until your visa is issued (Since admin processing, as form 221-G is known, can take anytime from 2 weeks to 8 months). If you go for visa interview in any foreign country, and you get form 221-G, you will have to return back to India anyways and might take more time for them to transfer your case from that particular consulate/embassy to Indian consulate/embassy (add another 1-2 months). Also, it raises a red flag for the visa officer when you are not appearing for US visa from your home country.

 

Good Luck.

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Hi,

No need to leave US. You goto the nearest US immig office and they will give you a new i-94.

 

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6 hours ago, Ricky27 said:

Hi,

No need to leave US. You goto the nearest US immig office and they will give you a new i-94.

 

Is it true? Has anybody done that before? could you please tell the steps  to get new i-94 from nearest USICS office?

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I have the same comment as petepuma , I appreciate if someone can respond to this post. 

is there a way to get I-94 for I797B without traveling outside USA

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19 hours ago, Ricky27 said:

Hi,

No need to leave US. You goto the nearest US immig office and they will give you a new i-94.

 

No, they won't. The only option is to go abroad and get an H1 visa.

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Hi,

No need to cross US .

You can submit i539 form via your employer / attorney.

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On 5/1/2018 at 2:30 PM, Ricky27 said:

Hi,

No need to cross US .

You can submit i539 form via your employer / attorney.

Not for an H1. The I-539 is never used for an H1. The employer would have to file (and pay for) a new LCA and form I-129 indicating COS.

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Hi @JoeF and @Ricky27

Thank you for your replies. 

My employer told me that they would submit a COS for me once I had received I797B. They basically submitted an amendment to receive I797A with I94 without me leaving the US. Now the issue is my SEVIS record automatically changed to H1 on Oct 1st although my current I94(opt) it does not expire for another two month. 

My questions are:

1. Why did the SEVIS record change automatically although I have not activated my I797B.

2. Can the employer attorney Appeal this situation? Basically in the appeal it says , we never activated I797B (never went to embassy) but I94 got expired automatically on Oct1st although I have a valid I94 - OPT card. Basically proving that this does not makes sense and SEVIS should not automatically change record. 

Please let me know. 

Arash

 

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Hi Arash,

I read your post and found that my cases very closely resembles that of yours. My new company filed H1 xfer application when I was on a brief trip to India and I received i797B. I am very curious to know what happened in ur case?

1) Did u visit India and get a new H1B stamped?

2) Did u reapply for a new i797?

3) Did u join back your previous employer?

Can u provide information on the process used to file change of status? Any help could help me take an informed decision.

Thank you

Harsh 

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