H1B approved, no I94 yet. Can I still work?

[yash25mehta]

My H1B got approved on October 2nd, 2013 and my attorney received my I-797C on October 7th, 2013. Till September 30th, I was working on CAP-GAP extension. Am I allowed to work without a copy of new I94? My employer is insisting on waiting to put me back on payroll until they receive the new I94, is it necessary to do so.

 

Thanks for your help!

[jairichi]

My H1B got approved on October 2nd, 2013 and my attorney received my I-797C on October 7th, 2013. Till September 30th, I was working on CAP-GAP extension. Am I allowed to work without a copy of new I94? My employer is insisting on waiting to put me back on payroll until they receive the new I94, is it necessary to do so.

 

Thanks for your help!

I797C is receipt notice and not approval notice. You can not work with out an I94 as there is always a possibility that your H1B is approved but COS denied in which case you need to exit and enter US with a H1B visa to begin work.

[kalyan_ac]

Your change of status was not approved. You will have to either apply for a change of status or go out and come back into the states to receive a new I94,untill then you cannot work.

[yash25mehta]

My change of status was approved, as it says on my I-797C. But there was no I94 with that notice.

[jairichi]

My change of status was approved, as it says on my I-797C. But there was no I94 with that notice.

If your I797 does not have an I94 you need to exit and enter US to get an I94 or apply for a COS

[rahul412]

My change of status was approved, as it says on my I-797C. But there was no I94 with that notice.

If your COS was approved then you should receive I94 . You cannot work without I94.

[omshiv]

your employer must have 797A.

[Tjgarla]

Yes. I797 a is the document that shows you. I94. Or it can also show a consulate process on which you need to go to the mentioned consulate and get the stamping done

[catx]

To clarify there are three I-797? forms ...

 

I-797C notice of action is simply a receipt from the USCIS that they are received the referenced application or petition and the corresponding filing fee -- nothing more.  You can check the case status online using the noted receipt number.

 

I-797B is a notice of approval from the USCIS of the referenced application or petition, but without an (attached) I-94 card.  The approved application or petition does not take effect until you (re-)enter the U.S. (through a port of entry) and get an associated I-94 card.

 

I-797A is a notice of approval from the USCIS of the referenced application or petition with an (attached) I-94 card.  The approved application or petition is in effect and doest not require any other action.