H1B to H4 Visa I797C

[bnsu]

Hello Experts,

 

Need your help and advise as soon as possible.

 

My husband's attorney filed for H4 visa as a change of status from H1 then and we had received I797C document. (Notice of action and says Approved for H4 visa). This does not have the I94.

 

Now he needs to go to India for stamping. 

 

Should we be getting any other original approved document which has I94 for H4 visa?

 

i.e, something like I797A for H4 visa? Is there anything like this which has I94? As of now with I797C he does not have any I94 number.

 

Would this document be with the attorney?

 

Thank you very much! 

 

 

[jairichi]

Hello Experts,

 

Need your help and advise as soon as possible.

 

My husband's attorney filed for H4 visa as a change of status from H1 then and we had received I797C document. (Notice of action and says Approved for H4 visa). This does not have the I94.

 

Now he needs to go to India for stamping. 

 

Should we be getting any other original approved document which has I94 for H4 visa?

 

i.e, something like I797A for H4 visa? Is there anything like this which has I94? As of now with I797C he does not have any I94 number.

 

Would this document be with the attorney?

 

Thank you very much! 

Your spouse needs to exit US and apply for a H4 visa. He needs a copy of your I797 and marriage certificate.

[bnsu]

Thanks for the reply. Does that mean its the only way he could have a I94?

[Attorney_25]

A change of status from H-1B to H-4 would either be approved with an I-94 or denied completely. It sounds like you have the "courtesy copy," which doesn't include the I-94. The I-797A (with I-94) should have been sent to the attorney.

 

If he's planning to leave the US and apply for a visa anyway, then he doesn't need the approval with I-94. He just needs to show the COS was filed prior to his I-94 expiration, to show he is not suject to 3/10 year bars, and needs your H-1B approval and proof of your maintenance of status in order to qualify for the visa (stamping in passport).

[Aleti78]

Hi in same situation how did you handle this