H4 to H1 I -94 problem


Raje1234

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 I need your advice on my present situation.

 

Currently

 

I am on H4 visa status and I have a valid I-94 till 2016 and my H1B approved with COS will be effect from OCT 1st 2013.

 

However, My husband H1 B is about to expire on September 8th 2013 and his perm  and I 140 are still pending.

 

Based upon his attorneys advice, I need to leave the country along with him, before September 8th in case of  his perm / I 140

 

delay.

 

His attorney mentioned my H4 - I 94 might have been a mistake from USCIS side.

 

Need you advice whether I should leave the country for this 22 days difference and return with new H1B stamped.

 

Please advise

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