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Need urgent help- H4 to H1

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  • Need urgent help- H4 to H1

    Hi All,

    My case is as follows:
    I was in H4, applied for my H1 in September. My husband changed his employer in November, hence transferred his H1, & hence his lawyer applied for my H4 too. At that time we had not heard anything about my H1.
    Now on Dec 1st I got my H1 approved. But got my H4 approved on Dec 3rd.
    My H1 approval notice has I94 where as my H4 does not have.

    My questions:

    1.what is my status now? Iam afraid that Iam on H4 now! (Seems like I was on H1 for a day!:-( )
    2. My H4 not having 1-94, & my H1 has-why they havent issued i94 with H4?does that mean my H1 is active & valid? So can I start working?
    3. If at all I am on H4, What I need to do now to go back to H1?
    (I heard few saying that options are 2:File new petition or going out of US & reenter with H1 stamp-but these 2 options are not possible at my situation as I feel it takes time..I need to report to job. I really cannot afford to loose this chance.. please any other way?)
    4. Its just matter of 2 days difference, so can any attorney help me in this?
    5. Can I be issued SSN? will the SSA system accept my application? or does it shows I am on H4?

    I seriously need some help & suggestions about what I can do . Have lost my sleep thinking about this issue. Please reply.

    Thanks in advance.

  • #2
    Take an infoapss and go to USCIS office to confirm what your status is. The last action rule generally applies but not having the I94 on H4 is an issue. That would possibly leave you in H1b.

    Applying for a SSN will automatically query the USCIS system. If the SSN gets issued, you probably are on H1b itself. Do the above and there is no other way if you really are on H4. Travel or refile are the options. Premium is another option that can give you the result in 10 days,.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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