valid H4 with I94, H1b approved without I-94, please help

[ramu_s]

Hello everyone,

This case is for my wife. She came to USA on Jan 2011 with H4 and I-94 valid till May 2013. We have applied for her H1 on Dec 2010 and got it approved last week. We got I797 WITHOUT I-94. My Questions are,

Can she work with her current I-94?

If no, what are the options she have?

Is going out of USA and getting it stamped the only option?

Some say we can apply for a Change of Status, is that possible?

Can she goto Mexico for H1b Stamping and reenter with H1, what is the success rate / risks we should be aware of?

Can she apply for SSN?

I know this forum is very supportive and any suggestions would be highly appreciated as I do not have much background on immigration matters.

[Attorney_10]

Generally, if the H1B petition is approved without an I-94 card then the Beneficiary needs to depart the U.S. and apply for a H1B visa at the U.S. consulate abroad and re-enter in H1B status. The Beneficiary is not permitted to work until s/he has reentered the U.S. in H1B status. Generally, an individual may apply for a renewal of a visa in a third country, such as Canada or Mexico, in certain circumstances. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts of your case and the different options available to you.