currently on h4 in USA got approval h1b without I94

[rahul1234]

HI,

i aplied h1b for my wife(earlier she was on h4) it got approved but with out i94. stating in the approval notice like petition has been approved and notification has been sent to listed consulate. petition approval does not autorize employment or training when the worker are granted status upon addmission to the united states they can then work for petitioner.

if circumstances change if the workers are already in US the petitioner can file I-129 to change or extetend their status based on this petition.

since my wife already in US . her employer just need to apply I-129 or does she have to go to stamping irrespective of I-129 . if I 129 is enough does the i-129 approval come with I94.

please provide your experise help here.

Thanks in Advance!!!

[pontevecchio]

The company will need to refile the H1 with COS if she wants to avoid the visa. She needs to ask them whether they will do this or whether they want her to leave and come back with the H1 visa.

[rahul1234]

The company will need to refile the H1 with COS if she wants to avoid the visa. She needs to ask them whether they will do this or whether they want her to leave and come back with the H1 visa.

Thank you for quick response.you mean she need to file 129 for COS?? or we have to go throgh all process and paying full fee again

[pontevecchio]

She can leave and come back with the H1 visa. Otherwise the process is to again do the filing.

[Trearis]

Rahul - I'm in a similar situation. H4 - H1 approved without 1-94. What did you guys do? Go for stamping or filed amendment?

[pontevecchio]

How does she enter the picture? The employer pays. Is it a case of "The more things change the more they are the same" Is it a credible employer?