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Urgent !!! H1B Approval notice contains old I94 Number

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  • Urgent !!! H1B Approval notice contains old I94 Number

    hi
    Last edited by laxdevi; 01-08-2008, 06:14 PM.

  • #2
    my situation is very much in similar to Laxdevi.
    here is the gist:
    came to US on L2 on Dec 06, 2006 with I-94 valid till Feb 11, 2009
    applied for EAD on Dec 20th, 2006
    received EAD- Mar 28, 2007
    applied for H1- apr 2007
    started working since June 04,2007
    H1 petition approved: June 05, 2007
    received petition copy saying both petition and COS is approved-- on Sept 19, 2007 with I-94 number as L2
    but on H1 I-94 it's written " valid from 10/14/2007 until 09/15/2010"

    did COS occured or not?will i be on H1 from Oct 01, 2007 or my status is L2?
    is it legal to have same I-94 num as of previous visa?
    is working with old I-94 on H1 is legal?

    reply at the soonest...

    Thanks..Jyothi.

    Comment


    • #3
      Thank You LaxDevi !!! am bit relieved now.

      Comment


      • #4
        Hi laxdevi...my attorney gave me the answer to the questions i have posed..as you said its coorect in my case.also in your case--->The number would only change if you would travel
        outside the US and would re-enter on a new I-94.

        hence the change in I-94 num.

        Comment


        • #5
          Since yo left in the middle of H1 processing your COs is invalid to use H1 you will have to wait till another COS to H1 is approved or get H1 stamped and enter using that. Dont work you either of the two conditions are true.
          Originally posted by laxdevi
          Hi ,
          when i entered US for the 1st time in feb 2006 with L1B visa,I got an I 94. Later in March 2007 , I applied for dependant visa H4. Got it approved on March 27th 2007. Later I applied for H1B on April 1st 2007 with my documents and passport with old I 94 of L1B visa. Due to some constraints I had to go india in May 28th 2007 , at the port I gave the I 94 of L1b visa when i left US. I went to Us consulate in chennai and got the H4 visa stamped on my passport.I came to US on June 2nd 2007, on the port of entry , i got a new I 94 for the H4 Visa.

          Recently my H1B got approved on Aug 9th 2007. The H1b Approval notice ideally should contain the I 94 of H4 visa . but it is still with I 94 of L1B visa.
          It is wrong and illegal.

          Since the I 94 in passport and the I 94 in H1b is different ,
          1. is it legal to stay in US after Oct 1st 2007 ?
          2. is Working with wrong I94 of H1b is valid ?
          3. Should i go for stamping outside US ?

          Please reply soon.... as it only 10days left for oct 1st......

          Comment


          • #6
            You have asked so many times and the reply is same

            I your case the COS has gone through and your status will be H1 from Oct 14 2007 and you cannot use L2-EAD from that day onwards.
            The I-94 number is new on each reentry not with status change hence it remains same even if you change status 10 times in 10 years, as long as you dont leave the country.

            And you did not pick I-94 numbr USCIS did I guess that in itself makes it legal.

            Originally posted by JyothiReddy
            my situation is very much in similar to Laxdevi.
            here is the gist:
            came to US on L2 on Dec 06, 2006 with I-94 valid till Feb 11, 2009
            applied for EAD on Dec 20th, 2006
            received EAD- Mar 28, 2007
            applied for H1- apr 2007
            started working since June 04,2007
            H1 petition approved: June 05, 2007
            received petition copy saying both petition and COS is approved-- on Sept 19, 2007 with I-94 number as L2
            but on H1 I-94 it's written " valid from 10/14/2007 until 09/15/2010"

            did COS occured or not?will i be on H1 from Oct 01, 2007 or my status is L2?
            is it legal to have same I-94 num as of previous visa?
            is working with old I-94 on H1 is legal?

            reply at the soonest...

            Thanks..Jyothi.

            Comment


            • #7
              ***Very Urgent*** Need I94 Number

              Hi,

              I have travelled US last year with B1 visa. Now i am applying for H1B. As we all know that at the port of exit Indian Immigration Team will pull out the I94 form, from our passport. So i don't have that I94 number of the last visit to US with me currently.

              Please let me know how i can get it and is it really nessary while applying for H1B?

              Thanks in Advance!!
              Basu_

              Comment


              • #8
                A valid I-94 is required only when yu are inside U.S. Your I-94 will be removed at the U.S airport when you exit the country, not by the indian immigration team. You cannot get that I-94 back and you don't need the I-94 to apply for H1B. People usuallt take a copy of the I-94's issued to them just for their future records.
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #9
                  Incorrect I-94 number on H1B extension approval notice

                  Hi,

                  I'm facing the similar issue with the approval notice for my H1b Extension. I have recieved the incorrect I-94 number the approval. Now I came back to India and I need to go for Visa stamping. Will the different I-94 matter during the Visa stamping and the travel to USA for me now? I came to know that the amendment process takes 2months atleast. Please guide me on this. Thanks in Advance.

                  Comment


                  • #10
                    Are you saying that you have an I-94 wih you when you are outside U.S? Aren't you suppose to return all the I-94s when you leave the country?
                    Well, I-94 has nothing to do with your visa stamping. When you return back, you will get a new I-94 at the POE. You SHOULD NOT have any I-94 with you when you are outside U.S.


                    Originally posted by vkoulampet View Post
                    Hi,

                    I'm facing the similar issue with the approval notice for my H1b Extension. I have recieved the incorrect I-94 number the approval. Now I came back to India and I need to go for Visa stamping. Will the different I-94 matter during the Visa stamping and the travel to USA for me now? I came to know that the amendment process takes 2months atleast. Please guide me on this. Thanks in Advance.
                    Last edited by shervin143; 05-10-2012, 01:03 PM.
                    Not a legal advice. Use of this information is strictly at your own risk.

                    Comment


                    • #11
                      Hi I am in a similar situation. I 797 A with old I94 validity till 2022 bcz my lawyer didn’t update New I 94 in I 129 when I reentered in feb 2019. Pls tell me how can I rectify my approval notice with new i94 or do I need to travel to India and get stamping done to re generate new I 94

                      Comment


                      • #12
                        I am in a same situation. I had to do an emergency travel to India because of family emergency when my H1 extension was in progress. I came back to US after 2 weeks and submitted RFE response as this was suggested by my company. My extension is approved now but I797 has old I94 number attached to it.

                        Is it an issue? What did you do to solve your issue?

                        Comment

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