Travel After Change of Status Approved from F1 to H1B.

[hs36]

Hello,

 

 

I applied for an H1B petition in April 2012 when I am on my OPT and the Change of Status Petition got approved in April 2012 with a start date of October 1, 2012. The I94 number on the I797 and the I94 number with my passport are the same.

 

I travelled in June 2012 and returned in July 2012 in F1 status and got a new I94 at the port of entry with validity till D/S.

 

Is my Chnage of Status from October 1 2012 still valid? If somebody asks me for my I94 should I be giving the new I94 I received at the port of entry or the I94 I have with my I797?

 

My employer is filing for my GC and the attorney filing told me that my intervening admission to US before October 2012 voided my H1B Change of Status and I overstayed in the US.

 

Based on the underlying link I dont see any problem.

http://www.murthy.com/2005/05/06/travel-after-change-of-status-approval-with-future-start-date/

 

Could somebody please confirm whether I am legally in the US and what I94 number should I be using and should I update anything with USCIS?

 

 

 

Thanks!

[jairichi]

Hello,

 

 

I applied for an H1B petition in April 2012 when I am on my OPT and the Change of Status Petition got approved in April 2012 with a start date of October 1, 2012. The I94 number on the I797 and the I94 number with my passport are the same.

 

I travelled in June 2012 and returned in July 2012 in F1 status and got a new I94 at the port of entry with validity till D/S.

 

Is my Chnage of Status from October 1 2012 still valid? If somebody asks me for my I94 should I be giving the new I94 I received at the port of entry or the I94 I have with my I797?

 

My employer is filing for my GC and the attorney filing told me that my intervening admission to US before October 2012 voided my H1B Change of Status and I overstayed in the US.

 

Based on the underlying link I dont see any problem.

http://www.murthy.com/2005/05/06/travel-after-change-of-status-approval-with-future-start-date/

 

Could somebody please confirm whether I am legally in the US and what I94 number should I be using and should I update anything with USCIS?

 

 

 

Thanks!

Yes, your COS from F1 to H1B is still valid.