I-94 missing on I-797

[sirishpyata]

Hi ,

Presently i'm in US, My wife has got H1B approval and went to SSA office to apply SSN. The officer has informed there is NO I-94 on the I-797 or you are not carrying a H1B Visa on your passport. So the officer has informed to get the I-94(H1B) or H1B Visa on passport.


So i found out that i have 2 options:

1) do amendment to get the change of status from H4 to H1B.
2) go to India and get the Visa Stamped.


Let me know if i have any other options.

Is doing an amendment advisable?

If i go for H1B stamping in India my current H4 stamp need to be cancelled and then apply H1B visa?

If i don't get H1B Visa in India, when i come back to US can i do my amendment for change of status from H4 to H1B?


Please let me know . Many Thanks

Sirish.

[shervin143]

Looks like the H1B got approved for consular process. In which case, the status will remain to be H4. The employer can file a COS from H4 to H1B and once approved, you can apply for SSN. Also, if you file COS to H1B. from the H1B effective date you should be working and getting paid to maintain the H1B status or you will go out of status on H1B. Alternatively, when you are ready to work, you can go out of the country, get the H1B visa stamped and return back on H1B visa and begin working. When you appear for H1B visa, the existing H4 visa will be cancelled. COS from H4 to H1B will take 4-5 months by normal process. There is a premium process that will take only 15 days.

[sirishpyata]

Looks like the H1B got approved for consular process. In which case, the status will remain to be H4. The employer can file a COS from H4 to H1B and once approved, you can apply for SSN. Also, if you file COS to H1B. from the H1B effective date you should be working and getting paid to maintain the H1B status or you will go out of status on H1B. Alternatively, when you are ready to work, you can go out of the country, get the H1B visa stamped and return back on H1B visa and begin working. When you appear for H1B visa, the existing H4 visa will be cancelled. COS from H4 to H1B will take 4-5 months by normal process. There is a premium process that will take only 15 days.

Thank You Sherwin.

One question is:

when i appear for H1B Visa In India and if i don't get the visa can i come back to US on H4 Visa and apply for amendment?

regards,

Sirish

[shervin143]

Yeah! you can do that. But keep in mind, when you appear for the H1B visa, the first thing they will do is cancel your H4 visa even before deciding whether to grant you H1B or not. If H4 visa is cancelled and if your H1B visa is denied, then you will have to apply for H4 visa again.

Thank You Sherwin.

One question is:

when i appear for H1B Visa In India and if i don't get the visa can i come back to US on H4 Visa and apply for amendment?

regards,

Sirish