Hi,



My H1B got approved WITHOUT I-94, (older I-94 expired 4 months back )



1/ Can I transfer H1 to another company ...



2/ If not, can I go back to F1?



3/If not, can I join kaplan to save Status?



I was working till last week when the my lawyer sent me extension denied notice.

Trying to avoid going out of the country and still maintain status.  Please let me know.



--thanks,

It is better to seek the advice your your lawyer in this case.

1. If your H1 was approved without I-94, you have to go out of country and re-enter for a new I-94 at the port of entry. If you still have job and recent paystubs, you will get the new I-94.

In order to transfer H1 to other compnay you need to have an unexpired I-94.

2. You can go to F1 if you file your change of status into F1 while your H1 is still in-status.

3. is same as 2 (joining to Kaplan is changing status to F1)

I am not clear about your current situation, your extension was denied... Are you still working for the same employer? Why was your extension denied? These answers need to be clarified to get better answers.

Anyways, Good Luck prch

• Keshav Sedai in New York is prompt in answering H1B questions.


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thank you for the response.

Hey prch
I also have H1B approval without I94.

Let me know if you get any information.

Thanks

What r your plans, Maayakobarima? is your old I-94 still valid ?

Let's talk on this matter

Hey Prch
I have send you a message on sajha. Can you look at it and call me, we need to discuss, coz I also do not want to go to Nepal now.

what do you mean by H1B approved without I-94? Does it mean you applied H1B from Nepal in the beginning?

To apply H1B from USA, you need your old I-94 ( expired or unexpired, doesnot matter for F1 status). Am I correct?

When USCIS approve H1B then they will send I797 form with I94 attached to it. This means that your status is automatically changed to H1B from F1.

But I received I797B approval notice without I94. This means that mine status is not automatically changed to H1B. I have to change it by myself. Either I have to go to Nepal and get it stamped or I can apply for change of status to USCIS.

These are the things that my employer had told me.

If somebody has any more information, let me know.