H4 visa holder with H1 approved without i94. Is I am out of status

[Mahira Undru]

Hi,

i am in H4 visa and my petition and i94 is valid till dec 2021. Now I got H1 without i94. H1 applied on consulate process. My H1 approved on April 2019 till dec 2020. Now my question is am I out of status now as my H1 doesn’t have i94? Because with I applied for my driving license I got till 2020 dec which is my h1 approval end date

[newacct]

No, you are still in H4 status. You simply got an H1b petition approved, but were not granted Change of Status. Therefore, your status is the same as it was, H4.

[Mahira Undru]

Thank you for your reply. It’s so relief for me. For me confusing started when I got driving license till my h1 petition date.

[R78]

Your COS was not granted. which means your status is still H4. This means you should not start working for that company unless you leave the US, go to a consulate with H1 paperwork and get a stamp and re-enter on H1 status