H1 to H4, new I-94 not issued


h4visabay

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Hi,

   I have a situation here. I got my H1 approved in the month of December 2013 but i didn't receive any documentation after that. After several attempts my company paralegal just forwarded me the electronic copy of the approval. Even before i apply SSN my company got closed. Now i want to convert to H4. I travelled to neighbouring country by land but they didn't issue new I-94 as my previous one is good for more than a year. When  i spoke with my attorney he said that CBP officer may or maynot issue new I-94 if the out of country time is for a short period (1-2 days). Can someone help me in answering following questions

 

 

1. Do i need to go out of country immediately?

2. Do i need to travel to neighbouring countries by air. Will they issue New I-94 or will it be the same experience as land?

3. Is it better to travel back to India and come back on H4. I have valid visa for some months? 

 

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Hi,

   I have a situation here. I got my H1 approved in the month of December 2013 but i didn't receive any documentation after that. After several attempts my company paralegal just forwarded me the electronic copy of the approval. Even before i apply SSN my company got closed. Now i want to convert to H4. I travelled to neighbouring country by land but they didn't issue new I-94 as my previous one is good for more than a year. When  i spoke with my attorney he said that CBP officer may or maynot issue new I-94 if the out of country time is for a short period (1-2 days). Can someone help me in answering following questions

 

 

1. Do i need to go out of country immediately?

2. Do i need to travel to neighbouring countries by air. Will they issue New I-94 or will it be the same experience as land?

3. Is it better to travel back to India and come back on H4. I have valid visa for some months? 

1. Yes or file for a COS from H1B to H4.

2. Even you can travel by land but ask at POE for a new I94 based on valid H4 visa and a copy of your spouse's I797.

3. Unless you want to visit your family and spend some nice time you can fly to India.

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@jairichi

1. I don't have any paystubs to file COS. Will that be ok to file without paystubs, won't i get any RFE if i apply

2. I asked them for new I-94 but they said as you have valid I-94 we will not issue a new I-94.

3. If i travel to home country and after i come back do i need file any change of status or will it be taken care by attorney?

 

@pontevecchio

1. I didn't get what you mean by "you are on a different page from lawyer"

2. Yes, I have a valid visa.

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