Query on I94

[squid]

Hi,

I have a query on I-94

Company A applied for H1B on 1 Apr 2008 with COS from H4 to H1. The case was received and pending. However I had to leave US in September 2008. I returned to US in last week of October 2008 on H4 after H4 stamping and got a new I-94 that is valid after Oct 1st 2008.

Now I have received H1 approval in April 2009 with I94 attached. The I94 attached with approval notice contains my previous I94 number, valid from Oct 1st 2008 as my employer had applied for COS.

After reading couple of posts on H4/H1 H1 and COS in this forum, I understand that

1: The I94 attached to my H1 approval does not have any significance. It is considered as void and I can ignore. Is this correct ?

2: I am in legal status on H4 now as I left US and came back on H4 in last week of Oct 2008 and the I94 with H4 is valid. Is this correct ?

3: Even though I have received approval notice in April 2009, it does not mean that I am in H1 from April 2009. Is this correct ?

4: Once my employer finds a job for me, my employer needs to apply for COS from H4 to H1. This H1 will be a fresh H1 application (cap-exempt). Is this correct ?

Thanks in advance!

[JStone]

1. Yes
2. Yes
3. Yes
4. Yes, your H1 will be cap-exempt.

[squid]

Thanks a lot!

Thanks for the quick response to my query. I really appreciate your reply.