Change of Status H4 to H1

[passemails]

Hi All,

Is it possible to get I94 based on i797 approval notice at the port of entry or at any CBP office if I enter into US with my H4 visa once my new H1b got approved.

Note : I have valid H4 stamping in my passport to enter into US and I am not in U.S now.

Question in detail.

I am in H4 and I am not in U.S now. One employer ready to file new H1b for me for the year April -2014 and the employer is asking me to enter into US before April 1st,2014. But I have question ,what If enter into US after my H1 approved in lottery and get I94 at any CBP office by showing the H1b approval notice I797.

Thanks in advance,

[raghvi]

Hi All,

Is it possible to get I94 based on i797 approval notice at the port of entry or at any CBP office if I enter into US with my H4 visa once my new H1b got approved.

Note : I have valid H4 stamping in my passport to enter into US and I am not in U.S now.

Question in detail.

I am in H4 and I am not in U.S now. One employer ready to file new H1b for me for the year April -2014 and the employer is asking me to enter into US before April 1st,2014. But I have question ,what If enter into US after my H1 approved in lottery and get I94 at any CBP office by showing the H1b approval notice I797.

Thanks in advance,

Visa, Petition and I-94 are 3 different things. Petition allows you to get a valid visa, a valid visa allows you to get a I-94. You should have a corresponding H1 Visa stamped in your passport to use the H1 I797. You cannot enter on H1 with only H4 stamped in your passport and a H1 I797 .

This is my opinion not legal advice.

[passemails]

Visa, Petition and I-94 are 3 different things. Petition allows you to get a valid visa, a valid visa allows you to get a I-94. You should have a corresponding H1 Visa stamped in your passport to use the H1 I797. You cannot enter on H1 with only H4 stamped in your passport and a H1 I797 .

This is my opinion not legal advice.

My Question is ,once after entered into US using my H4 after H1B approved by USCIS can I go to nearest CBP office or apply to USCIS to get I94 based on new H1b I797 approval notice.

[raghvi]

My Question is ,once after entered into US using my H4 after H1B approved by USCIS can I go to nearest CBP office or apply to USCIS to get I94 based on new H1b I797 approval notice.

Thats not how it works. A COS is considered abandoned if one travels while it is pending. The reason employer is asking you to return before April 2014 is because if you return after April 2014 your COS will be automatically abandoned and converted to Consular processing if you travel while it is pending. If you return before April 2014 the employer can file a H4 to H1 COS and if approved, you would get a new I-94 and automatically move from H4 to H1 on H1 Start Date (mostly 01-Oct-2014).

If you return post April 2014, without getting H1 stamped, you would enter on H4 and your status would be H4. USCIS will still process your H1 and if found alright approve your H1 but deny your COS becuase you travelled outside US while H1 decision was pending. The H1 petition would say consular process and you cannot take that to CBP and get a new I-94, and hence the employer would again have to file a COS from H4 to H1.

This is my opinion not legal advice.