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.

Asked over 1 year ago - 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.

Attorney answers (2)

  1. Kamlesan Naidoo

    Contributor Level 10

    3

    Lawyers agree

    1

    Answered . 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.

  2. J Charles Ferrari

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more

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