Travelled on H4 visa when H1 is in process

[robbiechandler]

Hi,

My wife entered on H4 from India and then interviewed here and got a job.
While her H1 was underway, she had to leave the country for an emergency and entered in a week on the still valid H4
Naturally she got another I-94 on arrival
While she arrived her H1 got approved and the I-797 came in the mail the next day
The I-94 of her I-797 had the previous I-94, and her passport "now" has an I-94 which had the stamp until August 15th- H4 validity

She got another job now and is staring down at transferring her H1
will this different I-94's pose a problem for H1 transfer?
Her H1 issue date was May 30th and The time she entered the country was June 3rd

Please let me know
Thanks

[raghvi]

Hi,

My wife entered on H4 from India and then interviewed here and got a job.
While her H1 was underway, she had to leave the country for an emergency and entered in a week on the still valid H4
Naturally she got another I-94 on arrival
While she arrived her H1 got approved and the I-797 came in the mail the next day
The I-94 of her I-797 had the previous I-94, and her passport "now" has an I-94 which had the stamp until August 15th- H4 validity

She got another job now and is staring down at transferring her H1
will this different I-94's pose a problem for H1 transfer?
Her H1 issue date was May 30th and The time she entered the country was June 3rd

Please let me know
Thanks

This is one of the strongest reasons why it is never recommended to travel outside US while a COS or EOS is pending with USCIS. Only USCIS knows whether your spouse is in H1 or H4 status. You need to take services of a good lawyer to explain this to USCIS and see the possibility of filing a H1 transfer. Or the easiest but costly way out would be to leave US, get H1 stamped and return on H1 status.

This is my opinion not legal advice.

[robbiechandler]

Darn..I wasn't aware of this I-94 situation prior to the H4 H1 conversion.
So, can we still try for a H1 transfer?
Or is it gonna put us in legal risk because the I-94's dont match
I'm hoping to just get an RFE for her and explain the case

The reason she came in H4 in the first place was because a disgruntled office gave a stamping reject..
I dont wana take that chance again when is not really necessary