For many H1B visa holders who have transitioned from F1 student status, an unexpected issue may arise when checking their I-94 records: the system still reflects their previous F1 status instead of H1B. This discrepancy can lead to confusion and potential legal complications. Below, we explore the common reasons behind this issue and provide guidance on how to resolve it.
Understanding the I-94 Record
The I-94 is an essential document that reflects a non-citizen’s most recent admission status in the United States. This record is maintained by U.S. Customs and Border Protection (CBP) and is crucial for verifying lawful status, work authorization, and eligibility for benefits.
Common Reasons for an Incorrect I-94 Status
- I-94 Not Updated After Change of Status Approval
When an individual applies for an H1B visa while in the U.S. through a Change of Status (COS) petition (via Form I-129), USCIS typically issues an I-797A approval notice, which includes a new I-94 reflecting the approved H1B status. However, this update may not automatically reflect in the CBP I-94 system, which continues to show the prior F1 status.
- Consular Processing Instead of Change of Status
If the H1B petition was approved through consular processing, rather than COS, the individual must exit and re-enter the U.S. using their H1B visa to receive a new I-94 reflecting their H1B status. Until this step is completed, the CBP system may continue to display F1 status.
- USCIS and CBP Database Discrepancy
USCIS and CBP operate separate systems, and sometimes the updates from USCIS (such as an approved change of status) do not immediately reflect in CBP’s records.
- SEVIS Record Not Properly Terminated
When transitioning from F1 to H1B, the individual’s SEVIS record should be terminated by their Designated School Official (DSO). If this does not happen properly, CBP may continue to recognize the individual as an F1 student.
How to Resolve the Issue
If you have checked your I-94 and found that it still reflects F1 status despite an H1B approval, consider the following steps:
- Check Your I-797A Approval Notice
If your H1B petition was approved with a Change of Status, your I-797A approval notice should contain a new I-94 at the bottom. This I-94 governs your current status, even if the CBP system does not reflect it.
- Contact Your Employer or Immigration Attorney
Employers and attorneys can help verify whether the H1B was approved as a Change of Status or consular processing. If there was a mistake in the petition type, corrective action may be needed.
- Travel and Re-enter the U.S.
If your H1B was approved through consular processing, the only way to update your I-94 to reflect H1B status is to travel outside the U.S. and re-enter using your H1B visa. Upon re-entry, CBP will issue a new I-94.
- Request a Correction from CBP
If your I-797A includes an updated I-94 but the online CBP system does not reflect it, you may visit a local CBP Deferred Inspection Site to request a correction. Bring your H1B approval notice and other supporting documents.
- Ensure SEVIS Record is Closed
If your school’s DSO has not properly terminated your SEVIS record, you should contact them and request immediate closure to avoid potential conflicts with your H1B status.
Conclusion
Having an outdated I-94 status can lead to complications with work authorization, driver’s license renewals, and other immigration-related matters. If you find yourself in this situation, it is critical to determine the root cause and take corrective action as soon as possible. Consulting with an immigration attorney can help navigate the process efficiently and ensure compliance with U.S. immigration laws.
For further assistance with I-94 corrections, H1B transitions, or other immigration matters, contact our law firm today.