Husband h1 approved I 797 B without I94, wife received I797A with I94 what is her status


nagh1portable

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Posted

I am currently on L1 valid till 09 July 2014. My wife is working on L2 EAD. My employer applied for my H1 as a COS. My approval came as I 797 B with no I 94. My wife got her H4 approved (on my H1 application) as I797 A with a I94 validity starting 01 October 2013. Will my wife's status be as L2 or H4 till I get my H1 stamping done. Please advise. My understanding g is my wife can continue to work till my H1 is activated or stamped in a consulate.

Posted

I am currently on L1 valid till 09 July 2014. My wife is working on L2 EAD. My employer applied for my H1 as a COS. My approval came as I 797 B with no I 94. My wife got her H4 approved (on my H1 application) as I797 A with a I94 validity starting 01 October 2013. Will my wife's status be as L2 or H4 till I get my H1 stamping done. Please advise. My understanding g is my wife can continue to work till my H1 is activated or stamped in a consulate.

If you do not have an I94 in your I797 approval notice then it was not processed as COS (or COS denied) but as consular processing. In this case you have to exit US and re-enter with a valid H1B visa.

Posted

I am currently on L1 valid till 09 July 2014. My wife is working on L2 EAD. My employer applied for my H1 as a COS. My approval came as I 797 B with no I 94. My wife got her H4 approved (on my H1 application) as I797 A with a I94 validity starting 01 October 2013. Will my wife's status be as L2 or H4 till I get my H1 stamping done. Please advise. My understanding g is my wife can continue to work till my H1 is activated or stamped in a consulate.

I believe so. As long as your I94 issued for L1 is valid you can stay and work for your current employer and also your wife on L2 EAD. But, wait for other members opinion or contact an immigration attorney.

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