Switch from H1B to H4EAD without i797 & i94 as employer is not sharing it?

Hi, I am working on H4-EAD which is valid till Nov 2020. Mean while my H1 got approved and is valid till April 2020. Even though I had opted for Consular processing my employer did Change of Status and according to them now I am on H1 and they have not provided me the I-797 approval notice.

Q1> My employer is not ready to give me the latest I-797, I-94. Is there a way I can get these records?

Q2> Is there a way I can continue on H4-EAD since it has an extended validity?

Q3> Can I apply for my H4-extension without doing COS as I do not have the latest I-797 and I-94 from my H1 ?

Hi @sid7952

You need to file H1B to H4 change of status if you do not want to leave US.

If you can leave US and return using H4 visa, then you do not need to file H4 COS application.

You can file a USCIS FOIA request to get your H1B i797. i94 is your right and your employer should provide it you.

Hi @Anil_Gupta,

Thank you for the reply.
I have my H-4 visa stamped on the passport which is valid till Nov 2020. So if I leave US then should I get H-4 re-stamped with the same validity. Will they even do that because I already have it stamped?
My employer is not providing me the I-94, do you know if there is any rule from USCIS that employee should be given his I-94.

If you have valid visa, then you can simply go out and return to get a new i94 with H4 status.

I94 is supposed to handed over to employee. There are no such rules. Reputed employers share both i797 and i94 with employees.

If your employer is not sharing it, then they are intentionally trying to harass you.