H1 Extension of stay denied.

[rmlatha]

I had applied for a COS from H4 to H1 in May 2010.
Due to the delay in USCIS processing, i received my approval notice in DEC 2010. But, the COS was approved only till OCT 2010. On contacting back the USCIS , they had asked us to file an H1 extn.

So, in Jan 2011 we filed for H1B extension. Now, we have received my approval( valid from only Jan 2011) but the extension of stay has been denied.

What is my legal status from OCT 2010 to JAN 2011 ? Am i out of status ? If so, how soon should i leave the country ? Do i need to goto stamping in my home country ? what are my options ? can we call back USCIS on this and check ???

 

[ginnu]

I had applied for a COS from H4 to H1 in May 2010.
Due to the delay in USCIS processing, i received my approval notice in DEC 2010. But, the COS was approved only till OCT 2010.
-----May be the lawyer or employer did mistake at filing of H4 to H1 COS

On contacting back the USCIS , they had asked us to file an H1 extn.

So, in Jan 2011 we filed for H1B extension. Now, we have received my approval( valid from only Jan 2011) but the extension of stay has been denied.

What is my legal status from OCT 2010 to JAN 2011 ? Am i out of status ?
----------- out of status
If so, how soon should i leave the country ?
------ASAP
Do i need to goto stamping in my home country ?
---------------Yes if you want to enter on H1 status and want to work on H1 status.
what are my options ?
can we call back USCIS on this and check ???
-------------call your lawyer and find more info. USCIS has given the decision on your petition

---------------- if you still have valid H4 visa stamp and want to remain on H4 status then exit US(go to Canada/Mexico ) and can enter on H4 status (if your spouse is on Valid H1 status)

 

[rmlatha]

Thanks for the quick reply.

I do have a valid H4 stamp in my passport. Can i travel to MEXICO and get stamping done for H1 and re-enter USA on H1 ??

 

[ginnu]

Thanks for the quick reply.

I do have a valid H4 stamp in my passport. Can i travel to MEXICO and get stamping done for H1 and re-enter USA on H1 ??

if you don't get H1 stamp in MEXICO/Canada then you have to go directly from MEXICO/Canada to your home country. as you are out of status in US you may not get H1 visa stamp from MEXICO/Canada .for more info talk to your lawyer.