H4 I94 and H1

[nishatreasa]

I came to U.S on H4 and applied for H1 in 2008 and got the approval. But there was no I94 with my H1 papers. I guess it is because my I94 on H4 had not yet expired. My current employer says I will have to go back to my home country and get my H1 stamped and re enter U.S, so that I will get an I94 based on my H1.
But I started giving interviews and have found a job, but this new employer want me to transfer my H1 to his company. I am planing to go out of U.S and get the stamping done, get my I94 and also apply and get my SSN. But I want to know whether I can apply for H1 transfer immediately without having any pay stubs? Please help....if anyone know any solution to this problem of mine.

[txh1b]

You need not go out of the country to get back on H1b. It is good that your H1b was approved without an I-94 earlier which gives you the ability to transfer the H1b to a new employer without paystubs as your current status is still H4 if your H4 I-94 is valid.

The new employer can transfer the H1b that was approved under premium/regular processing requesting a Change of status fromm H4 to H1, provide a copy of your previous H1b I797 and you can start working for them upon approval of the petition.

Visa stamp is needed only if you want to travel.

[nishatreasa]

You need not go out of the country to get back on H1b. It is good that your H1b was approved without an I-94 earlier which gives you the ability to transfer the H1b to a new employer without paystubs as your current status is still H4 if your H4 I-94 is valid.

The new employer can transfer the H1b that was approved under premium/regular processing requesting a Change of status fromm H4 to H1, provide a copy of your previous H1b I797 and you can start working for them upon approval of the petition.

Visa stamp is needed only if you want to travel.

Thanks txh1b.... so will I get my I94 after my new employer apply for transfer?

[txh1b]

Thanks txh1b.... so will I get my I94 after my new employer apply for transfer?

You should if the attorney does a clear job and USCIS does not mess up. If not, you have to apply for an amendment or pursue the stamping option.

[nishatreasa]

thanks for the quick reply

[nishatreasa]

It would help me if you could suggest whether I can apply for COS to get my I94

[txh1b]

It would help me if you could suggest whether I can apply for COS to get my I94

Yes, you can. I think I made it pretty clear in my previous posts as well.

[nishatreasa]

Yes, you can. I think I made it pretty clear in my previous posts as well.

Thanks, the confusion was whether amendment and cos are same....now I got it. Thanks

[txh1b]

Amendment follows if a COS was approved without an attached I-94 which would mean USCIS is thinking you are either out of current status or wants you to attend the consular interview.

[nishatreasa]

Amendment follows if a COS was approved without an attached I-94 which would mean USCIS is thinking you are either out of current status or wants you to attend the consular interview.

So, if I go to the consular interview I will not have any pay stubs. If at all by any chance the consulate refuse me the H1 stamp then can I enter U.S on my H4, coz I may be going to Mexico. I don't want to get stranded there. Please advise.

[txh1b]

You can enter on H4 if the visa is still valid.

[nishatreasa]

You can enter on H4 if the visa is still valid.

yeah....my I94 for H4 is valid till 2010.....Thanks for your patience in answering me.

[txh1b]

yeah....my I94 for H4 is valid till 2010.....Thanks for your patience in answering me.

It is the H4 visa validity that matters for re-entry, not the I-94 validity.