I-94 Issue after H4 to H1

[samsiva]

Hi ,
I came to us on H4 visa in May 2008 and got my H1B approved on Aug 2011 with I-94 extended till Apr 2014. I applied for the SSN with the new documents on Oct 1st week and started working. When I follow up with the SSN office for the status on Dec 5th 2011, I was told that my I-94(extended till Apr 2014) is not updated on their system and ask me to contact USCIS office in person with the new documnets to get it updated. When I went to the USCIS office in-person, I was told that the I-94 can be only updated if I re-enter the country with the new papers. I was confused when they said , I do have a valid I -94 extended till Apr 2014 and there is no change in the I-94 number(same as H4 I-94) & Name and DOB , why they ask me to re-enter?. Because of this issue, I am in-eligible to apply for driver's license (already expired on Nov 2011) and also my SSN is pending.

Why do I need to re-enter the country when i have a valid I-94?
Is there any way to update the records without re-entering the country?
Do I need an attorney to follow up on this case?
What is my current status?
Am I eligible to work at this situation ?
Is there any way to get the temporary renewal of my driver's license with pending SSN?

My H4 Visa is already expired. I have to go for stamping if I have to re-enter. I have not travelled outside USA since Mar 2008 ( ie. since I first entered US).

I am expecting your valuable suggestion & response.

Thanks,
Darshini.

[kabkaba]

First visit the SSA office again and apply for SSN. Tell them about your previous application. It is highly likely that your change of status has been updated in their system by now. Ask them to follow-up with DHS themselves, tell them that you know they can do that. Ask to speak with a supervisor and fight hard. I know for a fact that SSA does confirm the status with DHS themselves and do not need you to do anything. Ask them which system they are using to confirm your status and if you have to visit USCIS, tell USCIS the name of the system in which your change of status has not been recorded. Ask to speak with a supervisor here too.

Driver's license has nothing to do with SSN. Although DMV may have problems verifying your status if they use the same database as SSA.