H1B Petition filed with old I-94 number and travel dates

USA H1B Visa
1

Hello,

I came to USA on an L1B visa in 2011 and is currently in USA in L1-B. 



L1B visa expired in April2013. I-94 is valid till 2015. I got this new I-94 when I travelled to India and returned in Feb2013.



My current employer applied for this year's H1B quota (L1B to H1B COS) in April2013, but mistakenly with my old I-94 number and date. Expiry date in my Old I-94 was July2013.



The H1B petition status says 'Post Decision Activity' and text below it says "On August 8, 2013, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice. ". I have not got any information from my employer regarding this status or notice though.




1) Does this status shows an approval of H1B? If yes, are there any other formalities remaining with USCIS and\or with my employer? Can I continue to be in USA on an H1B visa after 01Oct2013? What will be my new I-94 number and date?

2)  My H1B petition application had the below wrong information:



(a) Form I-129 Part3 - 'Date of Last arrival', 'I-94 number' and 'Date Status expires' fields mistakenly has the old I-94 number and dates(for my travel entry to USA in 2011).
(b) Form I-129 suppliment 'H' section 3 'List of prior periods of stay' does not show the gap in US staty due to 3 weeks of vacation in India in Feb2013. 
(c) In the supporting documents copies submitted along with H1B petition - I-94 copy is a copy of my old I-94(expired in July2013), and NOT the latest\current one I got while I returned to USA in Feb2013(which is valid till 2015). Passport pages copies do not have the Feb2013 travel dates\stamps.

Question is, Will this cause any potential problems with my current H1B petition status and\or for future H1B VISA stamping OR for changing to another company? If yes, please provide details.
 



3) Do I or my employer need to inform USCIS regarding this discrepancy? If yes, please provide more information on what all need to be done.
 



Please help with your inputs and suggestions.




Thank you,
-AP.
2

I missed another question:

4) I will be applying for H4 for my wife (who is currently in L2 with me in US). Will these discrepancies inmy H1B petition application cause any problem with my wife's H4 application? Should her H4 application need to wait until I get the above things corrected?



Please help with your valuable inputs and suggestions.

Thank you, 
-AP.
3

Pretty long question :slight_smile:

  1. It’s approved. Your employer should receive the approval notice within 30 days. They can then share it w/ you. Watch out for any I-94 attached to the bottom of the approval notice.

  2. If the approved 797 has the correct I-94 number (the recent one), then you are all set. If it has the old number, then you should ask your attorney for clarification and they may have to get it reviewed and corrected by USCIS.

  3. Yes, definitely. Refer (2)

  4. I think her H-4 COS can be applied based on your approved H-1 if yours was approved w/ COS. This is important to be filed prior to Oct 1 if your H-1 has been approved w/ COS.