H4 to H1B COS approved but i797A is not received

Hi Anil

  1. I was on H4 and has I94 till 10th Feb 2020.
  2. In March 2019 I applied for H1, which got approved on Oct 29th, 2019 (after RFE clarifications)
  3. My employer received I797 C copy, and his attorney did not receive I797 A copy.
  4. While responding to RFE my employer responded directly and asked his attorney to file G28 withdrawal.
  5. So now I797 A copy is not received by anyone
  6. My employer contacted USCIS for 2 more times and requested for I797 A copy. But unfortunately, he received only I797 C copy.
  7. When the employer consulted the old attorney, he is claiming that he did not receive any I797A copies.
  8. I tried to get the SSN using I797 C and failed.
  9. Now my employer sent a request to USCIS a week back to withdraw the attorney on file (G28 withdrawal) from his end and requested for I797A copy again.


  1. Do I have to fall back to H4 now. If so, when is the last safe date to do so.(Is my status valid to live in the USA ( without SSN) in case of delayed I797A, or should I fallback to H4 and apply for H4 extension as it expires in Feb 1st week)
  2. which I94 is valid now( my H1 or previous H4)
  3. Does USCIS accept his request to withdraw attorney or is there any other separate procedure?
  4. How can I/employer get I797Aand I94 from USCIS?
  5. Should my employer file I824/I102 now?
  6. The employer wants to file I824 only after confirmation about G28 withdrawal as the attorney is not co-operative…

Has your H1B been approved as ‘change of status’ or ‘consular processing’?
Do you know?


If H1B change of status is approved, then your status has already changed to H1B.

You just need to follow the due process to get the approval copy and new i94 from USCIS.


That’s not okay. This means that you are ‘out of status’ at this time if your H1B payroll is not running.

My suggestion is to leave US. Let the employer sort out the issue and then you can enter again after getting the H1B visa.