H1 Approved without I94. Earlier I94 on H4

[bhel_puri]

Hi Attorneys,

Please advise on my situation. I am on H4 and filed for a new H1. I had to go to India for some emergency. I came back on H4 and the I94 was based on it. After i came here, H1 got approved but I94 was not given and i was advised to change status.

My question is :

1. Can i go to any other consulate besides India? Heard there are issues for first time H4-H1 stamping in Bermuda/Mexico/Canada?

2. Is it safer to apply for COS right here in USA? H1 approval is tough nowadays. Is it as tough to get the new I94 based on H1?

Please advise. I am in a fix as to wot to do

Thanks

Archie

[bhel_puri]

Can someone please respond to my query? I really am tensed as what to do..

[pontevecchio]

1. Can i go to any other consulate besides India? Heard there are issues for first time H4-H1 stamping in Bermuda/Mexico/Canada?

You could. But if you think it will be easier you are wrong unless you have had US education. Your COS was denied because you left the country in the meantime.

2. Is it safer to apply for COS right here in USA? H1 approval is tough nowadays. Is it as tough to get the new I94 based on H1?

Is this your first H1?

[bhel_puri]

Thanks Pontevecchio for responding

Yes this is my first H1 with work ex solely in India and no US education.

Mexico/Bermuda i think dont entertain first time COS. Canada is risky acc to me.

My query is since most of the checks would already have been done while approving the H1, is it not just formality to get I94 or does it go through the stringent checks (for H1) all over again? Is it possible to be denied I94 and reject the earlier H1 approval

[pontevecchio]

You would need to leave in September and get the H1 visa and come back in H1 status up to 10 days before the start date.

Change of status means changing status from your existing status. In your case the employer would have to refile the H1 with COS from H4. Is he ready to do this?

"Mexico/Bermuda i think dont entertain first time COS"

You cannot change status outside the USA. You mean the H1 visa stamp. You should get this in India in case there is delay.

You would need to enter on the H1 visa up to 10 days before the start. The I94 is a formality if you have the visa and the approved petition. If you are asking whether the visa is easy to get that would depend on the company you are working for and the documentation.

Talk to your Employer. Of course if you work for micr**oft or **tel you would have least chances of trouble with the visa.