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I am in US with H4 and I94.Now my H1B petition is approved with I797B.Can I Work

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  • I am in US with H4 and I94.Now my H1B petition is approved with I797B.Can I Work

    I came to US last year with H4 and I94.After i came here i got my H1B New petition approved with I797B.I would like to know can i work in US with an approved petition and I797B or i need to go back to my country and again get stamping in order to work here.I still have valid H4 and I94 till next year.Am i allowed to work in US with my current valid I94 and H1B New approved petition.

  • #2
    Originally posted by Swain View Post
    I came to US last year with H4 and I94.After i came here i got my H1B New petition approved with I797B.I would like to know can i work in US with an approved petition and I797B or i need to go back to my country and again get stamping in order to work here.I still have valid H4 and I94 till next year.Am i allowed to work in US with my current valid I94 and H1B New approved petition.
    Did your H1 approval come with a new I-94? If yes it did then you should have already been working with the H1 employer and if you are not already working you are out of status. If H1 approval didnt come with a new I-94 then the new employer can file a Cap Exempt COS for you and request an immediate start date you should work only after COS approval.

    This is my opinion not legal advice.

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    • #3
      Originally posted by raghvi View Post
      Did your H1 approval come with a new I-94? If yes it did then you should have already been working with the H1 employer and if you are not already working you are out of status. If H1 approval didnt come with a new I-94 then the new employer can file a Cap Exempt COS for you and request an immediate start date you should work only after COS approval.

      This is my opinion not legal advice.
      Thank you for your response.I still work with same Employer.I took leave and came to US in H4 with my husband.
      After that only my Employer filed the H1B New and I got the petition approved.Now I want to start working here.I94 which I have isvalid till next year but that I got with last year H4 stamping.With this new H1B I got I797B and I129.Is approved petition is not sufficient to work here.kindly suggest.

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      • #4
        Does the H1 approval notice (I797B) have an I-94 at the bottom? Does the notice state that change of status has been approved?

        If yes, your status is already H1 and you are not maintaining it by working. You are out of status and should start working immediately.

        If not, in order to work in H1 status, you will need to change your status to H1. There are two ways to do that.
        1. Your employer can file an amendment to change your status. You can (and must) begin working after it gets approved.
        2. You can leave the US, obtain an H1 Visa and return in H1 status.
        This is my opinion and not legal advice.

        Comment


        • #5
          Originally posted by kabkaba View Post
          Does the H1 approval notice (I797B) have an I-94 at the bottom? Does the notice state that change of status has been approved?

          If yes, your status is already H1 and you are not maintaining it by working. You are out of status and should start working immediately.

          If not, in order to work in H1 status, you will need to change your status to H1. There are two ways to do that.
          1. Your employer can file an amendment to change your status. You can (and must) begin working after it gets approved.
          2. You can leave the US, obtain an H1 Visa and return in H1 status.
          Thank you for your response.I dont see any I94 at the bottom of my I797B.
          Now If my Employer files the amendment to change my status...could you please give me an idea how much time it normally takes.
          And if my Employer does that,In that case I need not rturn to my country to get H1 stamping again right?

          Comment


          • #6
            Originally posted by Swain View Post
            Thank you for your response.I dont see any I94 at the bottom of my I797B.
            Now If my Employer files the amendment to change my status...could you please give me an idea how much time it normally takes.
            And if my Employer does that,In that case I need not rturn to my country to get H1 stamping again right?
            It can take 2 to 3 months.
            You don't have to leave the US for the sake of getting the Visa. But whenever you leave the US and want to return in H1 status you will need to obtain H1 Visa.
            This is my opinion and not legal advice.

            Comment


            • #7
              Hi

              Originally posted by Swain View Post
              I came to US last year with H4 and I94.After i came here i got my H1B New petition approved with I797B.I would like to know can i work in US with an approved petition and I797B or i need to go back to my country and again get stamping in order to work here.I still have valid H4 and I94 till next year.Am i allowed to work in US with my current valid I94 and H1B New approved petition.
              Hi You can work with your SSN, As i know, Once you travel out of country you need to stamping,

              Got your SSN, am Not able to apply SSN, Bcoz The H1 Status is not changed in my I94, It will take 10 days time to change.

              In SSN office they are not accepting the I94 in I 797.

              Got any idea?

              Comment


              • #8
                Got H4 to H1 approved, applied COS which is not denied , still got I797B

                Hi Senior Members,
                Need your urgent help on the below , below is my scenario

                1. My wife is currently in H4 , valid till mid 2016
                2. H1 was applied with COS , Attorney submitted all the docs including her current I94 (which came with valid H4)
                3. Got RFE on H1 , Attorney again responded back and it got approved.
                4. Now got the approval letters which is I797B(without I94) , also it doesn't mention that COS was denied.

                Now Attorney is saying there must be an error from USCIS side to determine the status and they opened a case for it.

                Anybody has any clue what is going on here? Appreciate the response. Really having a tough time.

                Comment


                • #9
                  Originally posted by Swain View Post
                  I came to US last year with H4 and I94.After i came here i got my H1B New petition approved with I797B.I would like to know can i work in US with an approved petition and I797B or i need to go back to my country and again get stamping in order to work here.I still have valid H4 and I94 till next year.Am i allowed to work in US with my current valid I94 and H1B New approved petition.
                  The I-94 you have is associated with your H4. You need an I-94 associated with the I797 in order to work. So either file amendment with USCIS to convert the consular process to COS or leave US, go for H1 stamping, and return using the stamped H1 visa.

                  This is my opinion not legal advice.

                  Comment

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