H1 amendment has approved after changed to H4 Visa

USA H1B Visa
1

I have my H1 B valid till 2018 but recently I have changed my visa in India and got my h4 visa stamped and returned US on H4.

I have not initiated any change of status from H4 to H1 however recently I have received letter from USCIS that H1 B amendment has approved (which I have applied almost 11 months back while I was joining a new project) with new I 94 stating my h1 amendment is valid from Dec 2016 till Oct 2018.

Questions:

  1. Currently, am I on H4 or H1?
  2. If I don’t take any action on H1. Will my H1 get cancelled? and do I need to apply for new h1 petition and go through the lottery system again?
  3. As I have valid h4 visa stamped on my passport till 2018, can I work on the latest I 94 issued by USCIS?
  4. How long does Homeland Security takes to update status to USCIS? (I got my h4 stamped just 3 months ago)
2

  1. H4: You can be on only one status at a time. If you had a H4 stamped very recently, and entered USA using it, you are on H4. You can only be on H1 inside USA, if you apply for change of status from H4 to H1 and get it approved, until then you are on H4. You may also go back to India and get your H1 stamped and enter on H1 to be on H1 status.

  2. No, it will not be cancelled by USCIS, but your employer can revoke it. Once you have an approved H1 , you will not be required to go through lottery for certain number of years.

  3. No, you cannot work on H4 status.

  4. It all depends on how you entered the country. if you entered as H4, you will remain H4 unless you file a change of status (CoS) application with USCIS and have it approved. Only after CoS is approved, will USCIS update your status to H1.

3

Thanks for replying!

How about the new i94 which uscis sent along with the amendment (valid from this dec till 2018). is that invalid then ?

4

I think its redundant. Just having an approved I797 or amendment notice wont change your status to H1. You will need an approved change of status too.

Contact a lawyer they will explain in detail looking through your documents.