H1B reaffirmed petition help needed

[aman83]

hi all,please share your experience my husband petition got reaffirmed after 8 months but there is no i-94 atttached with tht reaffirmed petition,but he have i-94 with the original h1b petition which was sent to uscis for review or revoke.so i want to know reaffrimed petition comes with attached i-94 or its just the notice.please suggest

Thanks

[shervin143]

Of course it will not come with a new I-94. Where is your husband now? In U.S or outside U.S? If he is in U.S, what is his current immigration status? He will need to leave the country and return back on that H1B petition and a valid H1B visa to get an I-94 at the POE to start working.

[aman83]

@shervin...thanks for your time.my husband is in US and working in project..but he had attached i-94 with his passport till nov 2012.(this is the i-94 which came with the original i-797 taht was sent to uscis for review)now what is the option...the reaffrimed petition has same recipet number and same authorised stay period.now did he need to come out from US.please reply

[shervin143]

I am not getting what you are trying to say? Who send his petition to USCIS for review/revoke? I believe it is the consulate when he attended the visa interview. In that case, how did he get back to U.S? In which status? What is his current immigration status?

Are you saying that you (dependent) attended the H4 visa interview using your husband's H1B petition and the VO send the petition back to USCIS for revoke?

@shervin...thanks for your time.my husband is in US and working in project..but he had attached i-94 with his passport till nov 2012.(this is the i-94 which came with the original i-797 taht was sent to uscis for review)now what is the option...the reaffrimed petition has same recipet number and same authorised stay period.now did he need to come out from US.please reply

[aman83]

@shervin...yes im went for h4(dependent visa) when his petiton was sent to uscis for review...he was never out of US.he is still working in US and had origianl i-797 with attached i-94.and reaffrimed notice came is i-797C with same EAC# and same dates.

[shervin143]

In that case, his petition and current I-94 remains valid. He can stay and work in U.S until the current I-94 expiry date.

@shervin...yes im went for h4(dependent visa) when his petiton was sent to uscis for review...he was never out of US.he is still working in US and had origianl i-797 with attached i-94.and reaffrimed notice came is i-797C with same EAC# and same dates.

[aman83]

Thanks shervin...