My Brother has Stamped H1B visa valid until 08/2019 with employer X. On June 2018 he also filled for H4 visa (Since his wife is on H1B) since his job was unstable.
H1B transfer approved without new i94
He got a new employer Y and transferred his H1B and got approved with 797B. He did not get new I94.
He started working as his company (Y) lawyer said that since he has Stamped H1B visa valid until 08/2019 and H1 I-94 valid until 08/2019.
H4 approved
Now his H4 is also approved as he did not cancelled the application. But H4 approval did not have any new I-94 issued.
Even from the CBP portal he verified that the most recent I-94 is H1B and valid until 08/2019.
Can he continue working since he has valid H1B stamped visa and valid I-94 on H1B??
Now if he changes job and transfers his H1B to employer Z will it be H1B to H1B transfer or H4 to H1B transfer?
Should he mention about H4 approval to the new company ?
If the H4 application was filed as change of status application and if it has now been approved, then there MUST be a new i94 attached to the i797 approval.
If H4 has been approved, your status has changed from H1B to H4 automatically and you CANNOT work now.
You should inform your employer about this H4 approval as you cannot work on H4 visa in US.
H1B transfer
If current status is H4 as you are saying, then it will H4 to H1B change of status with Transfer.
Thank you Anil. But since the Stamped H1B is valid and most recent I-94 is on H1B and valid, can’t he still work? H4 approval did not yield a new I94. Please suggest.