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I am already in US with H4 and I94.Now my H1B petition is approved with I797B.Can I work in US or I need stamping again.

Malden, MA |

I came to US last year with H4 and I94.After i came here i got my H1B New petition approved with I797B.I would like to know can i work in US with an approved petition and I797B or i need to go back to my country and again get stamping in order to work here.I still have valid H4 and I94 till next year.Am i allowed to work in US with my current valid I94 and H1B New approved petition.

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Attorney answers 2


It depends on whether a change of status or consulate notification was requested on your H1 petition. If there is an I-94 attached to the I-797 then you are likely already in H1 status. If there is no I-94 and it lists a consulate at the bottom, then you must obtain a stamp before starting in H1 status. There are several issues that may exist if you obtained a change of status and are unaware of this. You should consult with an immigration attorney to get guidance on this.



Thank you for your response.I dont have an I94 attached to I797B.Can my Employer file a change status for me when I am here in US or I need to return to my country to get the visa stampped before I start working here.


It depends on whether USCIS changed your status or not.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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