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#1
12th September 2004, 10:32 PM
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Urgent advice on H1 change of status
Dear Friends,
My colleague's H1 petition (Classification) has been approved but the change of status (from OPT/F1 to H1B) has not been approved as he left the country after his H1 application was filed. 1) Does he have to go to the home country to get his visa stamped? or could the visa be stamped from Canada/mexico (its F1 to H1 conversion) 2) The other option is for him to file a fresh H1 application (2nd time) and go to Canada for stamping. In this case he would be filing 2 two applications from same organization. Would that be a problem and what if he comes under the quota now and the petition gets denied. can he then use the earlier petition that had been approved. Have any of you guys come across such a case and if yes what is the best way out? Thanks for your time and help. Best Wishes.
__________________
Disclaimer: Personal opinion only. Should not be considered legal/binding advice. Please contact an immigration attorney for that. 
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