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Different I94 number of H1 approval notice

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  • Different I94 number of H1 approval notice

    Hi,
    I came to USA on L1 visa from company A. I got a offer from company B, and they sponsered my H1. When company B filed for H1 and was under process, company A send me to a different country for a short duration, during which h1 approval came. I came back USA on my L1 and then joined the company B. I am working for company B currently. After long time I noticed that I am having a different I94 number in my H1 approval notice. It is not the same as the as (i) my original I94 number, which I had got when I first entered the country on L1 or (ii) the I94 number which I got after my short trip to a different country.

    I am totally confused. Can someone help me to solve my confusion.
    1. Am I in a legal status now?
    2. Will I have any issues, If i go out of the country for h1 stamping?
    3. Will I have any issues if i apply for a h1 transfer?
    4. Since my h1 was approved when I was not in the country, should I have entered the country on h1?



    Thanks in advance
    Rani

  • #2
    Hi,
    If your H1B got approved while you were out of US, then you ought to have got an H1B visa to re-enter US on H1B status and start working for the H1B sponsor. You have re-entered US on your L1 petition. Your I 94's validity might co-incide with your expiry of L1 petition. Ask the attorney/HR of the company which has sponsored your H1B whether they filed for change of status petition(I539) along with the H1B petition, and whether it went through inspite of the fact that you were out of US at that moment. If not check your H1b's I 797 (approval) and find out whether it states that you will need a H1B visa to actually commence employment on H1b.
    VEENA
    (NOT LEGAL ADVICE)

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    • #3
      Thanks for your time and consideration. Actually the petition seems to be filed on Sep 3 but i had to leave to customer site to attend an urgent business call for company A on sep 11. I came back on Oct 8 but i didn't know about status of that at that time nor did i have any documents. Receipt date seems to be sep 2nd and notice date seems to be sep 24.

      l1 I94# is valid until Oct 2007 but i am not sure if its still valid because i left the company A.

      Should i leave the country immediately and try for stamping...Is canada / mexico risky ?

      Can i go out of the country and apply for transfer of h1 ?

      What are my options i dont want to violate any law. Thanks a lot again for any guidance.

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