**urgent H4 ---H1 I-94 issue**

[shasree]

Hi All,
My Wife has H4 visa and her I-94 is valid till Dec15th 2009, She got H1 approval with I 797B and no I-94.
Issue 1: Employer says he can file for change of status and she can get SSN and her payroll can be run (while she is in process of change of status).
Can she get SSN while process of change of status .
Issue 2: Can she stay in US with H4 visa expiry and I-94(H4) expiry and in process of H4 to H1 change of status as she is already in US.
THANKS IN ADV
Shasree

[shervin143]

My Wife has H4 visa and her I-94 is valid till Dec15th 2009, She got H1 approval with I 797B and no I-94.
Issue 1: Employer says he can file for change of status and she can get SSN and her payroll can be run (while she is in process of change of status). Can she get SSN while process of change of status .

>>>>> The employer doesn't seem to know what he is taking about. Unless the COS from H4 to H1B is approved, your wife cannot work or get paid. Also, they won't issue her an SSN with just I797B. They will ask for a valid extended I-94 which gives her the status change to H1B.


Issue 2: Can she stay in US with H4 visa expiry and I-94(H4) expiry and in process of H4 to H1 change of status as she is already in US.

>>>>> It is not advisable to stay in U.S beyond the I-94 expiry. In case the COS gets denied, the days she spent in U.S after her I-94 expiry will be considered illegal.

[shasree]

HI,

Thanks Shervin143 for your reply.
Please let us know if you have more information on it.

[shervin143]

What more information are you looking for?

Please let us know if you have more information on it.