H4 to h1b approval with change of status on old i94 ?


ChinmayKrovvidi

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Hello..

We have applied for H1b with COS H4 to H1b in 2017 quota for my wife and while this was in progress she had to travel out of country(India), While she is back with new I94 and H4 stamped (until 2020, Jan); After entering US she had a RFE on her existing H1 petiton and we replied to the query along with latest i94 she received on re-entry to US on H4.  A week ago we have now received the approval for H1b along with approved Change of Status - as printed on i797A, but the approval Petition- I797 has the old i94 number - while we initially provided to USCIS before her re-entry in 2017, but the i94 attached below has a validity until 2019 October for the old i94 and I797A.  

 

1. Will this attached i94 become current? 

2. will she be able to apply for ssn having this i797A and attached i94 to it, while her recent i94 is still available online with H4 status?

3. can she start working without any amendment or without applying COS again as it is approved for H1b and COS both ?

4. if USCIS did a mistake approving the change of status even though she travelled, should she be able to exit US to visit Mexico or canada to return back with in 30 days using the Automatic revalidation on i94 ? 

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  • 1 month later...

Ok just to give you all an update. I had used AVR option to revalidate the I94 to the one on the I797A. The CBP officer said that my wife is already on H1 and did not want to issue a new I94 on Mexico Border(Laredo).  Some how the other officer was patient understanding the issue and helped to get a new I94, We paid 6$ fee and received a paper based I94 with finger prints and photo taken. The same I94 number(old one on I797A) is now updated as latest on CBP site. So overall experience was complicated to explain the situation to CBP officers and Glad that they were patient to understand.

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