H1B stamping and different I94 number

Hi Saurabh,

I came to USA on an L1B visa in 2010. My L1B to H1B COS was applied in April 2012 and it got approved in December 2012. I travelled to India when my H1B COS was in process and got new I-94 with new number upon my arrival to US in June 2012. My H1B COS was applied with old I-94 and when it approved in December 2012, I got new I-94 whose number matched with my old I-94 number ( from my travel in 2010) and not with the most recent travel from 2012.

The old I-94 number remained unnoticed until I am now planning to go to India for H1B stamping. So its been like 22 months now since my H1B COS has been approved.

In such a situation, I need advise on following :

  1. Do I need to get I-94 number corrected for my H1B before I travel for Visa stamping

  2. If above question’s answer is yes, how it can be done and how much time it takes as I am planning to travel to india within 5-6 weeks.

  3. Is there a possibility that if I/employer go for the correction to USCIS they can invalidate my H1B COS itself, thus revoking my H1B petition

  4. If I don’t do anything and go for H1B stamping what is the worst case scenario ? Can they revoke my H1B petition itself ?

  5. One advise I got, to travel to India and get H4 stamped (my husband is on H1B) and then get a new H1B COS done upon arrival in US and continue my job here in USA.