H1 approval with out I94, COS denial


My wife applied for H1 Visa last year 2012 under COS while she was in L2 EAD status. My L1 visa extension got rejected and my employer started my H1 in Counseller process, we went back to India. My H1 is approved and we came back to USA. now my wife status is H4.

Got RFE for my Wife H1 asking about the legal status in USA. We sent the new I94 and my pay stubs. after 20 days her employer called and said he got 3 letters from USCIS 1) with H1 approval and valid I94, 2) with H1 approval with out I94, 3) COS denial. He said they applied for I94 extension based on the H1 approval. she have’t got the I94 papers and employer saying she can start working.

I would like to know what is her current status. is the first letter is good to start working? she got a good position with different employer can she change based on first letter (H1 approved with Valid i94) in that case what about the rest of the 2 letteres. We are confused what to do now.

Please provide some guidance.


What are the dates on the 3 letters? In case of confusion, it is best for employer to call USCIS and have it sorted out. They may have issued extra letters in error, or may have gone back on their original decision (which triggered multiple letters).

If she plans to work for the other good employer, then that company also needs to file H-1 petition for her. So they can file the petition now along w/ COS (she should be cap-exempt based on her original H-1 approval) while you sort out the mystery of multiple letters.

Hi Saurabh,
Thanks for the prompt response. 3 letters are dated for same day. I will ask employer to check with USCIS for the status.