I-94 Record of Changes

[chenman]

sorry txh1b I should have been clear.
My spouse would be travelling on H4 and does not intent to work or change to H-1B.

So is it fine to travel on H4 which has my old employers name on visa, and caryying I797C receipt (my H-1B visa is pending transfer) and old employer I797 approval?

With all these would it be tough to travel alone and face POE? would there be a tough secondary inspection? uptill I receive my visa approval and new I797

[txh1b]

For a H4, H1b employer does not matter.

[chenman]

For a H4, H1b employer does not matter.

So there wont be any issue for H4 at POE incase my H-1B transfer is pending or lets hope not if there is a RFE?

Should my spouse show my I797C and my earlier employer I797? or even mention that my H-1B is in transfer?

If there was no issue then I dont know why I was waiting for H-1B transfer approval and new I797 so that my sppuse can travel smoothly.

[txh1b]

She can travel with the receipt as they ask to write petitioner info on I-94 sometimes though it is not of much importance for H4.

Also, the problem with I-94 end date is an issue and will require one to file H4 extension before H1b.

Eg: H4 Visa from A valid till 10/01/2008, upon return H4 gets I-94 till that date. But during transfer, H1 gets extension I-94 till 10/2010. If the H4 holder carried that approval notice, upon return, the I-94 would be issued till 2010 instead of 2008.

[chenman]

got it txh1b thanks.

My H-1B visa is valid for 2 more years as per old I797 so the H4 would get 2 years anyways. Hence I was planning for spouse H4 to travel and after receving my new I797 approval and new I94 , we together can go to airport and get new I94 extended. This is correct and safe to assume right?

worse come to worse what will happen to H-1B and H4 if there is a transfer denial? or RFE what happens to H-1B status and H4 status?

[txh1b]

Going to the airport cannot extend the I-94 date. It has to be done by USCIS by filing a I539 6 months prior to the expiration date on I-94.

If there is a denial, both H1/H4 fall out of status unless H1b holder is still working for previous employer.

[chenman]

txh1b,
I mean my new I797 will have a new attached I94 with new expiry date of later than 4-5 months of my current old emp I797, so that needs to be taken to CBP for a I94 with new extended dates, right?
incase of denial can I appeal or MTR and hang on in US? or its immediate deporting

[txh1b]

You will get a new I-94 with the H1b approval attached to the approval notice.

White I-94 received due to travel on old visa without the approval notice in hand will not be extended by CBP at airport.

Yes, MTR, Appeals are options. But you cannot work while it is in progress and you accumulate unauthorized presence if they get denied which will result in a ban based on number of days of unauthorized stay.

This thread is so long, I forgot which issue started this in the first place. May be, I should go and look at the history.

[chenman]

yes txh1b I asked different issues all revolving around my transfer.

when my approval comes with new I94 and new dates would I require to go to CBP and get my original I94 changed?

Now if my spouse on H4 travels back (during H1 pending approval) the spouse I94 would have old emp I797 dates hence after approval would both of us be required to go to CBP and get I94 changed to my new I94 dates approval notice?

my LUD on USCIS status site for H-1B transfer is still the same as receipt date for transfer ie 3months old, does it mean that its not even opened at USCIS and still I am far off from approval?

hope I send good news on this same thread soon:

[txh1b]

Talk to your lawyer.

[chenman]

Txh1b,
my transfer got approved and I797A says "petition and EoS have been approved", attached I94 has new emp name and the same number as of POE I94 card when I entered US (I mean not the I94 number which i submitted during transfer application and left US for travel)

As told earlier this current PIE I94 card has old employer name in "record of changes" and not corrected as I was waiting for approval

Now since I have a new I94 in I797A having same number as the actual POE I94 card which has error as old employer name ,should i get it corrected? Or my new I94 of I797 is the latest as it has far expiry validity dates and new current employer? Which card xerox can I give H4 dependents to carry on travel to US..

CHEERS

[txh1b]

No, you are all set. Nothing to be done.

If I understood right, you were issued a new I-94 at POE after travel with your old employer name while the new petition was pending. Upon approval, the new petition has the I-94 number same as the one issued when you entered during the pending state.

That is the "cloning" rule in action. In case you had gotten the old I-94 number, you could still go to USCIS office and get it changed.

[chenman]

thanks boss nice summarizing. and good that now no I94 rectification is required at CBP..

1.Which copy of my I94 shud my dependents show at PoE or I94 xerox of H-1B is not required at all at PoE.

2.My new attached I94 has expiry 7 months later compared to POE one, with expiry as recpt date of transfer. ie 7 months more petition date than visa stamp expiry. Hope that is fine.

3.The I797A says "person granted EoS who leaves US generally shud get new Visa stamp on returning, if visa not reqd then shud present necessary docs at PoE or may also file I824, hope this is normal text in all I797A's

anything unusual in above do highlight..

thanks thh1b for all your precious time all these weeks...

[txh1b]

Everything is standard text. A copy of your I797 approval is sufficient for dependent entry. Your I-94 expiry from the approval is the valid one according to the last action rule.

[svicky01]

Reg: Form I 94 (Record of changes ) field

Hi,

In my Visa the US Customs and Border Protection has mistakenly wrote the Visa expiry date in form I-94 as 15-Aug-10 instead of 15-Aug-12.

But in form I-94 back portion there is a field called "Record of change" in that area they have mentioned the visa expiry date correctly as 15-Aug-12
and they have mentioned the I797B Receipt number.

Whether it is fine or i need to check with US Customs and Border Protection.

Please guide me.