H-1B and COS approved on old I-94 (Immediate Action Required)

[VK11]

Hi friends,

I hope you are doing well. I need your help in dealing with the below situation.

• My employer filed a new H-1B petition in Apr 2018.
• I went to India in Dec 2018 and came back in Jan 2019.
• On my return, I was assigned a new I-94 number at the port of entry.
• The H-1B petition got approved in Feb 2019 and my F-1 SEVIS was completed on the same day.
• The problem is that, USCIS didn't knew that I left the country and erroneously approved the Change of Status on old I-94 admission record number with validity until Aug 2021 instead of directing me to consular processing.
• The new I-94 admission record number on online portal still shows the class of admission as F-1 and the admit until date as D/S. 

If anyone has come through this before, please let me know if it is legal to stay and work in the U.S. on H-1B with COS approved on old I-94 number.  If not, please provide me a solution. Thank you.

[xTDx]

Please let this all run through a competent law firm. Start with your employers attorneys who filed H1b petition in the first place and follow their suggestion.

You may have to leave country and come back on H1.

You may want to schedule an infopass appointment. But consult your attorneys first.  They can raise a service request with USCIS.

The fix starts by in depth review of this mess. 

 

[gopalakrishnach]

I saw this post and I refrained to give my advice beacuse its so messed and complicated one. Best advice as xTDx said consult immigration lawyers..