H4 to H1 Visa Help need for I-94

[bgandru]

Hi,
I need a help on H4 to H1 conversion and valid I-94

My wife came to USA in Sep 2013 on H4 Status - H4 Visa valid till July 2014.
we have applied H1B to my wife in March 2014.
Her H4 status is expiring in the month of July 2014 so we have applied H4 extension.
H4 extension got approved in April and new extension is valid till July 2016 (2 years)

The problem is - She went to India after she got H4 extension and got stamped for H4 and came back here in July 2014.
she got a new I 94 now on H4.

In the month of September her H1-B got approved from USCIS and H1-B is valid from October 2014 to 2017 - But the I-94 mentioned in the H1-B approval form is - old I-94 number which she came on first time.

Now She have different I-94 number on H4 status(New I -94 number ) and H1-B Approval ( old I-94 number ) petition.

Can any one confirm which I-94 we need to use and is her H1 B is valid or not because she traveled India during the process and came back.

[raghvi]

Hi,
I need a help on H4 to H1 conversion and valid I-94

My wife came to USA in Sep 2013 on H4 Status - H4 Visa valid till July 2014.
we have applied H1B to my wife in March 2014.
Her H4 status is expiring in the month of July 2014 so we have applied H4 extension.
H4 extension got approved in April and new extension is valid till July 2016 (2 years)

The problem is - She went to India after she got H4 extension and got stamped for H4 and came back here in July 2014.
she got a new I 94 now on H4.

In the month of September her H1-B got approved from USCIS and H1-B is valid from October 2014 to 2017 - But the I-94 mentioned in the H1-B approval form is - old I-94 number which she came on first time.

Now She have different I-94 number on H4 status(New I -94 number ) and H1-B Approval ( old I-94 number ) petition.

Can any one confirm which I-94 we need to use and is her H1 B is valid or not because she traveled India during the process and came back.

I would say she is on H4 not on H1 as she travelled while her Change Of Status from H4 to H1 was still pending. The COS itself should have been abandoned. USCIS approving her COS to H1 was an error on their part, but it generally happens because of a lack of real time communication between the CBP/DHS/USCIS. Actually the moment a person having a pending COS leaves US, the COS processing should stop .

This is my opinion not legal advice.