h4h1help Posted February 7, 2013 Report Share Posted February 7, 2013 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!!! Link to comment
Attorney_25 Posted February 8, 2013 Report Share Posted February 8, 2013 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. Link to comment
h4h1help Posted February 8, 2013 Author Report Share Posted February 8, 2013 Appreciate your reply! We (me and my employer) called up the USCIS to ask about this issue and the CR told you can go ahead and start working as it is approved and if you still want the i94 to match the recent i94 you may fill up form I-102. Please can you advise on this? Link to comment
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