i-797B Amendment and SSN

[Harish Nair]

Hi,

I have few questions on i-797b amendment and ssn.
1. My spouse got h1 approved and has approved 1-797b but i-94 shows as h4. How to get the h1 amended from US or does my spouse has to go back to India for interview.
2. Can my spouse apply for ssn as h1 and i-797b starts from oct 1st.

Please help me with these questions.

Thanks

[raghvi]

Hi,

I have few questions on i-797b amendment and ssn.
1. My spouse got h1 approved and has approved 1-797b but i-94 shows as h4. How to get the h1 amended from US or does my spouse has to go back to India for interview.
2. Can my spouse apply for ssn as h1 and i-797b starts from oct 1st.

Please help me with these questions.

Thanks

1. The employer has to file for an amendment with USCIS. Did your spouse not ask this question to the H1 petitioner as to why H1 was not applied as COS?
2. No he/she needs to first move to H1 status in order to be able to do that. Two option to move to H1, first, employer to file H1 amednment from Consular to COS, upon receipt of I797A your spouse would move automatically to H1. Second option, leave US, attend H1 stamping , if successful return on H1 stamp into US.

This is my opinion not legal advice.

[Harish Nair]

1. The employer has to file for an amendment with USCIS. Did your spouse not ask this question to the H1 petitioner as to why H1 was not applied as COS?
2. No he/she needs to first move to H1 status in order to be able to do that. Two option to move to H1, first, employer to file H1 amednment from Consular to COS, upon receipt of I797A your spouse would move automatically to H1. Second option, leave US, attend H1 stamping , if successful return on H1 stamp into US.

This is my opinion not legal advice.

Thanks Raghav, problem is that she got a opportunity and have to join the work by oct middle. What is that her employer can do to speed-up the process of getting SSN? How soon can she get that? Should employer do the amendment only after the i-797b starts from oct 1st, which was told to us by them?

Please help.