Skip to main content

Submit Change of Status without I-94

Jersey City, NJ |

Hi,
I had been outside US for some time after my H1-B petition got approved. I have been asked to get a change of status application filed so my H1-B can be used. I came back to US last week and have been trying to retrieve my I-94 number, but the system says "Not Found"

Here is my question: Can I ask my employer to get the change of status application filed without providing the I-94 number? Will that be OK since the USCIS will be able to retrieve my I-94 details internally? Please let me know. Thanks.

Attorney Answers 4

Posted

Yes, talk to your employer's attorney, they will not what to do

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Mark as helpful

1 found this helpful

6 lawyers agree

Posted

No, that will not be OK. Talk with the immigration attorney who prepared and filed the H-1B petition on your behalf.

Also, if you were now admitted as a tourist, you cannot change status for at least 60 days, for doing so would constitute visa fraud.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Mark as helpful

6 lawyers agree

Posted

I agree with Atty Behar.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Mark as helpful

13 lawyers agree

Posted

No. YOu cannot file without the I-94 information. Though it's possible the company attorney has the I-94 information. IF not, you must get that information first.

Mark as helpful

3 lawyers agree

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics