H4 to H1 Approved ,but denied Change of Status (Expert Opinion Reqd)

[bghat]

My Wife Who is in H4 currently , got her H1 approved in Sept 2005, but they denied her Change of Status, the reason being she travelled out of US during H1 processing, which she had to do to take care urgent issues.

She has got I-797 Form, Stating to get change of status by applying for a Proper Visa at Chennai Consulate or alternatively applying I-824 form With NSC, to request to notify different consulate for attending interview.

Few questions regarding this Issue, Please need expert opinion and very much apprecited if any body can share their experience having similar issue.

1) What's her current status , H4 , since she only got H1 approved with denied change of status??


2)Since its taking a long time to get visa appointment at Chennai, What if i apply I-824 form with NSC , requesting a different consulate ,like one in canada or mexico.

a) Should we wait for I-824 approval to attend VISA interview ?
b) Does any one know How long it takes for I-824 approval at NSC or any other fast way to process this form.


3) The I-797 Form also says to notify concerned immigration office to cancel this petition if not intereseted , so that they can re-use this visa number.

a) Can i cancel this petition and still get back my filing fee from INS, so that i can file for next fiscal year.


Thanks for reading this with patience.

 

[vini7480]

COS denied

Hi,

Similar thing happened with me and I am not sure how to proceed. Following is one of the suggestions I received for my questions.

1) whether i am authorised to work in US.
While you do have a approved H1, you are not currently on H1 and hence not authorized to work.

>>2) If not, what are the steps to be taken to b legally working in the country. Can anything be done staying in United States or Will I have to go to my home country.

You can apply for a COS again. Talk to the attorney who filed the H1. The other option is to go out, get H1 stamped and re-enter on H1.

3) can i apply for my SSN
No since you are not allowed to work on H4.

4) what status i am currently on?
The status you last entered US.

Your COS was denied because you went out while the H4 to H1 petition was being processed. If it was a unavoidable situation, you should ask your attorney to bring that to the notice of CIS and request for a COS from H4 to H1. It should take less time as your H1 is already approved.