H1-B approved ...Need help to file new I-129 for change of status(Currently on H4)

[juhisingh]

Hi All,

Currently I'm in US on H4.Though we wanted to file a petition for change of status from H4-H1 coz my employer's mistake my case was filed as New H1-B.Now I got H1-B approval with out I-94.
I'm really dejected,can some body give me some advice plzzzzz......I will be very much thankfull for your advice.My queries are :

1. Should I file for a new I129 for change of status to get I94 for an approved H1B petition or instead of applying change of status do I have to go canada or home country for H1 stamping to get the I94(Don't want to take risk going out of US as it is first time H1-B )

2.How long does it take to get New 1-94 if I file for a new I-129?

3.What are the chances of getting New I-94?How much risk is involved in this process(file for new I-94)?(I'm very much worried about this issue... plz share ur views)

Regards,
Juhi.

[Aam]

H4 - H1

Hi Juhi,

let me understand ur problem:

1. what do u mean by new I129?. As far as I know you can't do that and without I94 u cant apply for SSN and obviously u cant work
2. For getting I94, u need to leave the country and come back. Since urs is from H4 to H1, u need to get it stamped
3. Regarding ur stamping, I am pretty much not sure. Cos where ever u go it all depends on what kind of VO u get

I was in the same situation last year as U r now. If u need any more information let me know.

Thanks