H1 approved without I-94, what are my options in this situation?

[chandu99]

Hi All,

I got my H1 approved in Feb, 2011 with out i-94. i have been working since then. recently i came to know that every H1 should get approved with attached I-94 to it. i am not sure what should i do now, there are so many questions in my mind now. my question are

1. Is it legal to work on H1 with out I-94?

2. to get I-94 what should i do? i don't have any plans to visit India for now. can i apply for amendment?

3. If it is not legal to work without i-94, and i can apply for amendment, is it legal to work immediately after applying for amendment?

please let me know if any one faced this situation? if so, I need your expert answers to guide me.

Thank you much.

[tapans]

If you have not yet contacted experience legal attorney you should do it ASAP as sometimes it is illegal to work.

[Joe.F]

Originally posted by chandu99:

Hi All,

I got my H1 approved in Feb, 2011 with out i-94. i have been working since then. recently i came to know that every H1 should get approved with attached I-94 to it. i am not sure what should i do now, there are so many questions in my mind now. my question are

1. Is it legal to work on H1 with out I-94?

No. You worked illegally.

You should talk with a good immigration lawyer ASAP.

[vinnuipsyvinay]

Hi - I have approved/valid/un-expired petition and I-94 from company A. I transferred my H1B to new company B and H1B transfer was approved but without I-94 card and now when i went to transfer to another company C, i found that once i get new petition i need to go out of country to get it stamped,I didnt realize that missing I-94 is the issue until then.

Now, my questions are:

1. Would it be possible for new company C to apply for an amended petition using my un-expired I-94 from company A and get new I-94? or ONLY existing employer B can file amended petition and once it gets approved then only i can initiate transfer to new company C using it.

2. Can the new employer C use employer A's petition which expires in May 2012 and get new petition and I-94, skipping/ignoring petition from employer B.

3. I have been working with Company B [which doesnt have I-94] and have all paystubs, my understanding is that as long as i have my old I-94 in valid state i should be good...is that right assumption.

Thanks for your help in advance.