Got different I94 - during H4 renewal

[cyndrilla]

Hi, I am Sirisha-

I came to USA during March 2008 with H4visa and applied for H1b during

April 2008. I got through the lottery and received H1B with I-94 valid from

1 October 2008 to 26 septemer 2011 through my employer1. Later I applied and

received SSN number too.

Due to economy crisis i did not get job and i did not thought about it for a

while because of my pregnancy. I have not worked till now.

Meanwhile, My husband, H1B visa was about to expire by September 2009

and so he applied for extension of second 3years within the USA itself. When

i asked my employer1, he misguided me to extend my H4 saying my current

H1 has not yet been activated, as i did not worked. We believed

him(employer1) and applied I-539 to extend my H4visa too, through my

husband's employer2 without giving my H1B and SSN details. Now on

December 2009 I received new H4 which is valid from 1 October 2009 to

14 July 2012 with new I-94 number.

Later I was disappointed to know my H1b is no more valid and have been

shifted back to H4 status.


Note:
I did not left the country (USA) after i entered on March 2008.
I94 on the H1B was same as passport given at the POE(port of entry)

The issue is::
the I94 number on the latest H4 approval notice,which is different from the

I94 number on my passport. I heard it should be same.

Question 1: please advice me what i have to do now? Do i have the chance of correcting my latest I-94?

Question 2: Is it ok if i apply for H1B again?

Question 3: Can i visit India?

Please reply.Thanks.

[shervin143]

You are out of status on your H1B for more than a year. When you are out of status, COS from H1B to H4 is not possible. So correcting the I-94 is not an option from within U.S. If you would have tried changing your status from H1b to H4 (by giving your I-94 from H1B), then COS would have got denied. I think you should consult a good attroney since this might cause big issues later when you apply for a new H1B or if you go out of the country for stamping.

When you have time, go through the below links

https://www.immihelp.com/h1-visa-holder-rights/

https://www.immihelp.com/h1-visa-hol...ponsibilities/

[cyndrilla]

Thank you for your imm response