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On status H4 and H1B was approved as a New Application with no I-94

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  • On status H4 and H1B was approved as a New Application with no I-94

    Hi,
    I am on currently on h4 Visa in US applied for a change of status to H1B.

    INS has denied the change of request petition(since I was away from country during the

    status change was pending).

    INS has APPROVED the Application as a new H1B application with no I-94. Now for me to start

    working I need to go out of country and re-enter USA on H1B.

    1) My question is Will me current continuation of stay in USA till I have H1B stamped is still

    legal??
    2) I my current stay is still legal, Can I apply of H4 extension, since my H4 is expirting in next 2

    months. Will we have any issues in applying for H4.

    Please suggest.

    Thanks,
    Vasu

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