I797a approved... but different i94

[ranjit1786]

I am on h4 and I had applied for H1 this year. I got approved in Jan 2013. Meanwhile, I had to travel to India in the month of December and I came back on 24 of Jan. I got approved on 23 of Jan.

Now, my problem is I was given an i94 when I entered the US and this i94 differs from the i94 on i797.

My question is can I start working now or will I have to get my h1b stamped?

[Attorney_25]

By traveling while your change of status request was pending, you technically abandoned the change of status. More importantly, I am assuming that you received an H-4 I-94 when you entered on the 24th. That I-94 voided the I-94 extension and (improper) change to H-1B status given to you. As you are now in H-4 status, you cannot work until you either have another change of status to H-1B approved or you have traveled out and re-entered with an H-1B visa.

Generally:

1) Do not travel while a change of status (example: H-4 to H-1B) is pending. When you travel, you abandon your request to change status.

2) Your last I-94 "rules." So if you are approved for an extension of H-1B status and then subsequently enter the US with an old visa (or an expiring passport) and receive a "short I-94" then you have voided your extended I-94. There is some debate about this within USCIS and CBP, but best practice is to be sure you have your extended H-1B approval in your hand when you travel on an older visa, and be sure CBP gives you the entire period on the extension approval. Also, in general be sure your passport is valid for the period of your intended stay in the US. If you have a problem with a short I-94, or wish to avoid a future problem of short I-94, please contact a qualified immigration attorney.

[ranjit1786]

Thank you for the quick reply... I appreciate your help

[ranjit1786]

I am on h4 and I had applied for H1 this year. I got approved in Jan 2013. Meanwhile, I had to travel to India in the month of December and I came back on 24 of Jan. I got approved on 23 of Jan.

Now, my problem is I was given an i94 when I entered the US and this i94 differs from the i94 on i797.

My question is can I start working now or will I have to get my h1b stamped?

[ranjit1786]

I am on h4 and I had applied for H1 this year. I got approved in Jan 2013. Meanwhile, I had to travel to India in the month of December and I came back on 24 of Jan. I got approved on 23 of Jan.

Now, my problem is I was given an i94 when I entered the US and this i94 differs from the i94 on i797.

My question is can I start working now or will I have to get my h1b stamped?

1. Can I apply for COS from h4 to h1b in premium with the same employer without the need for stamping?

2. Am I cap Counted and Can I apply for H1b with another Employer immediately?

[chinmaydutta]

Hi ,

I am in similar situation. Could you let me know how you dealt with it ?