H1B extension approved without I94 number

USA
1

Hello

My H1B extension was approved without an I94 number .
My immigration team is asking me to exit US and re enter with visa stamping
My I94 is already expired

  1. can i get the stamping done in canada or do I have to go back to India
  2. how many days can i stay in the US before going for stamping
  3. can i come back and work for the same client and location

Thanks

2

Hi @ankushh

You can visit Canada or Mexico for H1B stamping. It is not mandatory to go to India for stamping.

You should leave US as early as possible to avoid issues as your i94 has already expired.

You can come back and work for same client if your H1B has been approved for same client and work location.

3

Thanks Anil . I have another question if you can help with .
We are in the US currently and like I mentioned earlier my i 797 A is approved but my spouse and son’s H4 extension was applied but it still shows as received . Now my I94 is expired and not extended so i have to go out of the US for stamping and come back again .

Q1 : Do my spouse and son also need to accompany me for visa stamping or they can stay back in US till I get my stamping done and come back ?
Q2 : As their current H4 extension is in progress but no decision yet can they get a H4 stamping done based on my approved i 797 A extension petition if they accompany me for visa stamping ? what will happen to the current H4 extension petitions ?

Thank you
Ankush

4

Hi @ankushh

The chances are very high that your H4 extension will also be approved without i94 as they are dependent on H1B.

I suggest to take them with you and get all visa stampings done at same time. H4 visa stamp is given based on H1B i797 approval.

5

Hi Anil

In continuation I came back to India and did the Dropbox . I got my passports back with no Visa and a green 221 G saying me along with family need to come for an interview and bring the passport along . They didn’t ask me to bring any other documentation or prove anything . What does this mean and what can I expect during the interview and if you have any tips that would help .

Thanks
Ankush

6

Hi @ankushh

There is no need to worry. It will be the same interview as you would have attended earlier.

Just go with all paperwork relevant to your application and you should be fine.
All the best.

7

Hi Anil

We went for an interview and were given 221 G again.

This time they asked for client letter which I have given them in soft as well as hard copy but no news of visa stamping approval since docs were submitted two weeks ago.

In this meantime we received the H4 EAD and H4 denial notices which were filed in May in US.

I guess thats due to not having a valid I94 and I am just hoping that once my H1B stamping gets approved my family’s H4 will also get re instated based on the new approved I797

Thanks
Ankush

8

Hi @ankushh

Sorry to hear about that.

Has your client received an email from embassy for verification? Usually, an email is sent and once client verifies, you can expect the stamped passport within a week.

You will need to file a new H4 EAD application once you are back in US.

9

4 posts were split to a new topic: H1B denied by California, Approved after Refiling at Nebraska