H1B approved has old i94.

[pnanduri]

Hello,

 

I am F1 OPT.

I have applied for H1 on April 2014. USCIS put a query on 2nd week of May 2014.

I travelled to india on 3rd week of May 2014.

Came back June 1st week 2014 as F1.

My employer answered query in Jul 2014.

And my H1 approved in Jul 2014.

 

H1 approved on old i94 expires in 2017.

My current i-94 online still shows as F1 which will expire on May 2015.

 

How can i know whether my H1 status started from october.

Is there a way i can update the new i-94 with H1 status?

Can i stay in US with old i94 which has H1 approved till 2017?

[wiweq]

Were you on F1 during H1b filing?

If yes, and H1b was filed with COS, your status was automatically changed to H1b on Oct 1st.

Look for "your petition is approved with change of status" on I797.

[pnanduri]

Hello wiweq,

Thanks for the response.

 

Were you on F1 during H1b filing?  

yes, i am on valid F1 OPT during filing.

My H1 approval document has "The above petition and change of status have been approved."

My concern is, my current i94 when checked online shows as F1 with Admit until date:D/S

My H1 approval document has my previous i94 with validity oct 2014 to sep 2017.

 

which will be my current i-94 that i can use?

 

Can i continue my stay with cos H1 approved that has old i94?

 

 

[satya2k1]

Hello wiweq,

Thanks for the response.

 

Were you on F1 during H1b filing?  

yes, i am on valid F1 OPT during filing.

My H1 approval document has "The above petition and change of status have been approved."

My concern is, my current i94 when checked online shows as F1 with Admit until date:D/S

My H1 approval document has my previous i94 with validity oct 2014 to sep 2017.

 

which will be my current i-94 that i can use?

 

Can i continue my stay with cos H1 approved that has old i94?

That's the whole reason, it is NOT recommended to travel while COS petition is in process.  Your old I-94 is not valid anymore.  When you entered US with F1 visa, they override your I-94 that was in the COS process.  To avoid any problems in the future, it is recommended to travel outside and enter with a new H1-I94. 

[wiweq]

 

which will be my current i-94 that i can use?

 

The last I94 is your current I94. In your case H1b I94 is your last I94 so this defines your current status. Forget about F1 I94, that expired on the day of COS to H1b.

[pnanduri]

Thankyou Satya2k1 and wiweq.

 

I called USCIS and explained my situation.
Not sure how far they understood.

But the uscis agent responded saying, eventhough your current i94 shows as F1, we need to consider i94 and valid dates that given on approved H1 i797 document.

 

And my attorney informed the same, that i need to consider my i797 and its dates printed on it as my current status.

 

Can i approach CBP office for my current status?

[wiweq]

Thankyou Satya2k1 and wiweq.

 

I called USCIS and explained my situation.

Not sure how far they understood.

But the uscis agent responded saying, eventhough your current i94 shows as F1, we need to consider i94 and valid dates that given on approved H1 i797 document.

 

And my attorney informed the same, that i need to consider my i797 and its dates printed on it as my current status.

 

Can i approach CBP office for my current status?

Do you want Mr O comes to your doorstep and say you are in H1b status?

You are in H1b status my friend.

Forget about F1 I94, that expired with your F1.

[Sunil_8055]

Hi Pnanduri,

i am in same situation, can you please let me know 

what did you do. 

Did you go fot staming? Or 

is it ok to stay here with old i94 on h1b??

Thank you.