Legal Question in Immigration Law in New York

Change F1 visa to H1 visa

I came to USA as a visitor, I changed my status to F1 visa in 08/2006. My F1 visa and I94 were sent by the immigration but it was lost in the mail. Now, I need to apply for H1 working Visa on 04/2009. So I have now my new I 20 but without the immigration stamp on it and a duplicate of the I94 so, would it be a problem to apply for H1 working visa without this F1 with immigration stamp, and if yes what should I do.


Asked on 8/02/08, 9:32 pm

1 Answer from Attorneys
Rachel Baskin Rachel Baskin, Attorney at Law

Re: Change F1 visa to H1 visa

You have not provided enough information. In order to change status to an H-1B while in the United States, you must have a valid I-94 card (you can apply for a replacement with USCIS). If you do not, then USCIS can still adjudicate your H-1B petition next year, but you may have to return home to get the visa before you can start working.

If you have additional questions, please do not hesitate to contact my office directly.

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Answered on 8/03/08, 11:06 pm


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