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L1 to H4 and then H4 to H1 -> H1 Approval Notice has the I94 of H4 Visa

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  • L1 to H4 and then H4 to H1 -> H1 Approval Notice has the I94 of H4 Visa

    I would appreciate your response on the following,

    Below are the details and questions

    I came to US on L1B on Feb 2006 with I-94 (say YYYY ).
    I applied for L1B-> H4 on March 16th 2007.
    My H4 was approved on March 27th 2007(as per online case status) , valid till sep 2009.
    Based on that, I applied for H4->H1 Change of Status in April 1st 2007 with the online approval notice of H4.
    I traveled out of US in May 2007 after applying for H1 visa.
    I re-entered US in June and I was given a new I-94 (Say YYYY) for the H4 visa.
    In July 2007, My employer responded to the query with the passport copy having the new I-94 (YYYY) of H4 Visa.
    Inspite of that, In August 2007, I received my H1 approval notice with a default I-94 (with the old I-94 number (Say YYYY ) of H4 visa) valid from Oct 1st 2007 valid till Sep 2010. So, my H1 approval notice has the old I-94 number (Say YYYY ) of the H4 approval notice.

    My question is,

    1) Since the I94 number on the H1 approval notice is different from the I94 number on my current H4 visa,
    a) Can I start working from Oct 1st? or
    b) Should I get h1 visa stamped before I can start working? or
    c) Should I apply for amendment petition?

    2) I would like to know, is it a mistake from INS part or is it okay to have different I94 numbers on the approved H1 notice and my current H4 visa. Should I bring this issue to the notice of INS?

    3) And next time I travel out of US, I understand I have to get my h1 visa stamped, is there any risk involved due to the different I94 numbers?

    4) The H1 Approval Notice has the old I-94 number (Say YYYY )of the H4 visa and says the change of status has been approved.Is this COS from H4 to H1B valid ?

    5) In case , If i have to go for stamping which one would you prefer to go India/Canada/Mexico ?

    6) If I go for H1 stamping , and if my h1 stamping gets rejected, can i enter US with H4 stamping which is valid till sep 2009 ?

    I would appreciate your response.


  • #2
    it has been said before on this forum that if you travel while a COS appllication is pending and enter in prev satatus you cannot use COS even if it was approved accidently. To dot all i' and cross all t's you need to wait till either a new COS to H1 is approved or you get H1 stamped and enter using that.