I am currently on H-4, and have got an approved H1B issued without an I-94. What are my options if I don’t want to leave country for stamping?15 Dec 2014
This depends on why there is no I-94. If an I-94 was requested, but not issued due to a finding of being out of status, then departure is needed (unless the finding is challenged successfully in a motion.) On the other hand, if no COS was requested, then it is possible for an employer to refile the H1B and request the COS. The COS function is part of the H1B; it can’t be requested on its own. (15.Dec.2014)
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