HI, what happens if the I94 mentioned in H1B petition (F1 to H1B COS) is not current but old I94, but have not travelled outside USA during processing. Does this deny COS part ?
Can you clarify what do your mean by I94 is old and not current?
I94 number mentioned in H1B petition is not from the most recent I94 copy one but from the old one.
This should not create any issue. If tou travel in future , your I-94 will get updated to match with your validy I-797 at that point in time.
I still have not received the I-797, I meant I94 number and the I94 copy sent as supporting document with the H1B application to USCIS is not the most recent I94 copy. Does this cause Change of Status (COS) part to get denied if the I94 provided is not current one? But I have not travelled outside US after H1B application was sent to USCIS.
Will this cause any issue/results in only H1B approval but COS denied because of I94 provided was not current.
For COS you will submit a copy of your current I797 for F1 and need a valid I94 when you applyfor COS from F1 to H1B. Also if you are on OPT at present, your attorney may request a cap-gap extension which fills the gap between your OPT expiration and H1B start date which is 1st October.
If you are saying your current F1 I-94 has expired and you are concerned that your COS for F1 to H1B may be denied, you should talk to your immigration lawyer.
Thanks for your response. My current I-94 is not expired and shows F1. But my employer missed to include the most recent/current I-94 copy, they have sent my initial i94 copy which I received first time I entered in F1 which is not current one.
Ok now I understand what you were trying to say.
As I mentioned talk to your employer’s immigration lawyer regarding your concern. USCIS will have all your records so if they need copy of your current I94 they will send RFE.