Convert I94(H4) to I94(H1) at Port of Entry


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Hi All,

 

I need some advice.

 

My wife was on H4 and she travelled to India in September 2013. But in April 2013 an  employer already filed her H1 in 2013 quota. Her H1B case got approved just 2 days before her travel back to US on Dec 14th. She travelled to US with her H4 Visa stamping and she got a I94 based on her H4 at the port of entry.

 

Now her employer is suggesting us to travel to Canada and while returning back from Canada with the Automatic revalidation process he wants us to ask the office at the port of entry to re-issue the I94 based on her H1B approval notice.

 

My question is will the Port of entry officer accepts these kind of requests without her H1B Visa stamping in the passport? Basically while entering back from Canada, she will have only H4 Visa stamping in her passport but we will be showing them the H1B approval notice to get the new I94.

 

Any help in this regards is much appreciated.

 

 

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Hi All,

 

 

 

I need some advice.

 

 

 

My wife was on H4 and she travelled to India in September 2013. But in April 2013 an  employer already filed her H1 in 2013 quota. Her H1B case got approved just 2 days before her travel back to US on Dec 14th. She travelled to US with her H4 Visa stamping and she got a I94 based on her H4 at the port of entry.

 

 

 

Now her employer is suggesting us to travel to Canada and while returning back from Canada with the Automatic revalidation process he wants us to ask the office at the port of entry to re-issue the I94 based on her H1B approval notice.

 

 

 

My question is will the Port of entry officer accepts these kind of requests without her H1B Visa stamping in the passport? Basically while entering back from Canada, she will have only H4 Visa stamping in her passport but we will be showing them the H1B approval notice to get the new I94.

 

 

 

Any help in this regards is much appreciated.

She needs to have a H1B visa stamped in her passport to re-enter on H1B and to get I94 based on H1B.

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