H4 to H1 I94 not matching


h4h1help

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  1. Hi,

    I have this scenario i am residing in h4 and applied for h1 on june ,it got an RFE on oct .

    I had to got to india on nov before we replied to rfe as there was a family emergency.

    So i came back on dec12 and we replied on dec16 with the new I94 i came in.

    Now i got my h1b approved on jan and i received all the docs of h1b.Here the problem comes-

    I have received the i94 of h1b which is not the same i94 i came in recently.

    As per the attorney and Employer they had sent the new i94 with RFE docs for reply.

    Please let me know what am i supposed to do?

    somebody is suggesting to go for h1b stamping.i am really lost! Please advise!!!


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You are lucky you received an approval with I-94, since technically you abandoned your COS request when you left the US while the petition was pending. If your attorney did in fact provide the new I-94 upon RFE response, and USCIS thus was on notice of your travel, then it is purely USCIS' mistake. Theoretically they could come back and revoke the approval of COS (the I-94, not approval of the petition) and that is why it's a good idea to travel and return. Please consult with a qualified attorney for more information.

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