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yagamilight

h1b visa - how to get the I-94

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Filed: Timeline

Hi I was an F-1 Student then went on OPT then went on the OPT cap gap after my h1b got approved...But then I never received the I-94 from USCIS (it says that the approval form's type is Form I-797B)...I'm already in the US (I applied for the H1B in the US) so I already have an I-94 from my time as a college student but I heard that I also need another one for H1b...where can I go ahead and get my I-94 for H1B?

I thought that foreign students are supposed to receive their I-94 from USCIS and not have to leave the country first when they have a Cap Gap extension (I got a copy of the H1B application and it clearly indicated a request to change status in the application)...Did the USCIS mess up? If so, where can I then get an I-94 card? Should I fill out a FORM I-102? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e5d95d4c6608e010VgnVCM1000000ecd190aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD)...Should I fill out a form I-539? Should I go to a nearest port of entry?

In the worst case scenario have to go abroad and get h1b stamping? (if so can I do it in Canada or Mexico since I was a foreign student here?)

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Filed: Timeline
In the worst case scenario have to go abroad and get h1b stamping? (if so can I do it in Canada or Mexico since I was a foreign student here?)

I'm not sure if it works with H1B visas, but that's how it works with all other visas/statuses:

If you leave the US, you won't be able to be back on your H1B status.

Because that's what you have - a status.

To have a visa in your passport, you'd have to apply for it outside the US (well, you'd have to have an interview outside the US, while your future employer applied for a visa for you).

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