Travelled on H4 visa when H1 was in process

[rockafficiando]

Hi,

My wife entered on H4 from India and then interviewed here and got a job.

While her H1 was underway, she had to leave the country for an emergency and entered in a week on the still valid H4

Naturally she got another I-94 on arrival

While she arrived her H1 got approved and the I-797 came in the mail the next day

The I-94 of her I-797 had the previous I-94, and her passport "now" has an I-94 which had the stamp until August 15th- H4 validity

She got another job now and is staring down at transferring her H1

will this different I-94's pose a problem for H1 transfer?

Her H1 issue date was May 30th and The time she entered the country was June 3rd

Please let me know

Thanks

[pontevecchio]

Please discuss the issues with a Lawyer and soon.

[rockafficiando]

okay is there no way of getting a H1 transfer with this issue?

can the lawyer somehow explain our case while filing H1 transfer?

[hyderabadi400]

There's no reason why she cannot go for a H1 transfer. USCIS would have the latest I-94 number by now (issued at POE) and will issue I-797 with that I-94 number.