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deepamk03

H4 To H1 conversion with same I94 #

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Hi,

I came to USA on H4 status and applied for h1b and got approved with cos which is effective from Oct 1st, 2012. I got the new I 94 alongwith i797 but with the same no. . Meanwhile I travelled to travel to India for a month and planning to come back to US in Aug on H4. Just want to know whether this travel will create any impact on my H1 or not as h1b cos is effective only from oct ? Also since the new i797 has same I94 # will it create issues at the port of entry or for SSN. Please provide your inputs.

Thank you so much.

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The fact that the A numbers are the same eliminates any confusion and you should be all right to come back in H4 status. This is actually a grey area though they do not seem to mind.

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Thanks for your response. Just want to check -do i need to file amended petiton in that case as when i enter in USA on H4 (before 1st oct) i will have new I-94 #

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Hi All,

 

I am in a very tricky stage.

1) My wife had filed H4 to H1

2) H1 is approved.

3) I94 on H1 is different from her current H4 I94.

After filing H4 to H1 conversion, she had a new I94 since she had to travel from India.

 

Now how to match the new H1B I94 and her current I94.

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Hence her COS is deemed denied. No question of any match. Either she leaves and returns with a H1 visa or the employer pays for and files another H1 with COS. Any I94 issued in error is not valid.

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I have search for the older emails.

He didnot travel while her petition was processing but after she arrived US, we filed her VISA. But the I94 given by attorney while filing was old one.

I have heard that the attorney can file an amendment to rectify this error.

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I have search for the older emails.

He didnot travel while her petition was processing but after she arrived US, we filed her VISA. But the I94 given by attorney while filing was old one.

I have heard that the attorney can file an amendment to rectify this error.

Then attorney/employer has to file a cap exempt H1B petition and pay again.

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