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  #1  
Old 10-10-2007, 02:08 PM
raj2fly4 raj2fly4 is offline
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Default H1B Approval Notice with out I-94

Hello
My wife ( was on H4) applied for H1B this April, she got her approval but with out an I-94. Did anyone faced this issue? What does it mean?

Thanks
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  #2  
Old 10-10-2007, 02:31 PM
waitin_toolong waitin_toolong is offline
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it is common when the H1 is approved without COS.

to work on H1 she will have to get it stamped
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  #3  
Old 10-10-2007, 02:39 PM
Escape_Velocity Escape_Velocity is offline
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Default travel outside US and get the H1B stamped

She needs to travel outside US and get the H1B stamped. This had happened to one of my colleague in my last assignment. He got his second H1B extension without I-94 attached at the bottom. His company, one of top 5 Indian consulting, asked him to stop going to work next day, after the day the company receives his H1B, onwards and made emergency travel arrangements to fly to India and get the H1B stamped at the consulate.
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  #4  
Old 10-10-2007, 03:13 PM
mhtanim mhtanim is offline
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Default Source?

Quote:
Originally Posted by waitin_toolong View Post
it is common when the H1 is approved without COS.

to work on H1 she will have to get it stamped
I am little confused here. If she has applied for a change of status from H-4 to H-1 and the application has been approved, why is that she needs to get out of the U.S. and get a stamp?

raj2fly4: Consult with a good immigration lawyer such as Rajiv Khanna or Murthy. Don't go to a local lawyer regarding this.

Last edited by mhtanim; 10-10-2007 at 03:18 PM.
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  #5  
Old 10-10-2007, 03:24 PM
little_willy little_willy is offline
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Quote:
Originally Posted by mhtanim View Post
I am little confused here. If she has applied for a change of status from H-4 to H-1 and the application has been approved, why is that she needs to get out of the U.S. and get a stamp?
Sometimes the attorney screws up and files as a new H-1B application instead of filing as a COS application. Another scenario would be that the H-4 expires before October 1st (i.e. start of H-1B), in that case there wouldn't be an I-94.

If both the above cases aren't true, you can talk to an attorney to contact USCIS to fix this problem. If nothing works, your wife needs to go out of the country and get her visa stamped before she can start her work.
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  #6  
Old 10-10-2007, 03:31 PM
vjmjaan vjmjaan is offline
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Default contact Immigration

One of my friends wife had the same case. Their attorney contacted USCIS and they met an immigration officer after around 3 months and explained their case.

She got her I-94 later without leaving the country.
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  #7  
Old 10-10-2007, 03:41 PM
solaris27 solaris27 is offline
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Default You many need to stamp H1B visa

You many need to stamp H1B visa and reenter US .
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  #8  
Old 10-10-2007, 04:10 PM
kittu1991 kittu1991 is offline
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Default Can't you just aplly for change of status.

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Originally Posted by solaris27 View Post
You many need to stamp H1B visa and reenter US .
I have done that to convert from L1 to H1. Submit a new I129, select section 2A and 5B and if do it in premium you get reply within 10 days. What you get back is a new 797 with I94. Doublecheck with an attorney.
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  #9  
Old 10-11-2007, 05:15 PM
priya34 priya34 is offline
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Default

Hi Raj
Even I got my H4 to H1 approval without I94. My employer has applied for an amendment. Applied through normal processing at the vermont center. Its like applying for a new H1. But I still havent heard anything from the USCIS.
I am sure your wife's H1 also came with a port of entry instead of a I94. My POE was specifically mentioned Chennai. It also had Validaty dates (Valid from OCt 1st 2007 to sep 2010) instead of a start date. I have no idea what that means though? do let me know if your planning to file an Amendment or go to Canada/Mexico for stamping or going to India to get it stamped.
Priya
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  #10  
Old 10-11-2007, 05:30 PM
pd_recapturing pd_recapturing is offline
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3 years ago, my wife applied H1 COS from H4 and she got the approval notice but without attached I-94. We were expecting this as she was in India when they approved her COS request. I sent her the I-797 to her in india and she got it stamped and came back. So, in MY opnion, the bottom line is you might want to leave US and come back after getting it stamped to start working but again, I am not a lawyer.
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