H4 to H1 denial , urgent please help!!!

Shantanu

Registered Users (C)
H4 to H1 denial , urgent please help!!! Hi,
Iam on H4 visa status, I was hired by a company which applied for my H1 B. After applying for my H1b , me and my husband went to Mexico for a vacation. My hiring company got a letter from the USCIS saying this:

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Upon consideration, it is ordered that your Petition for a nonimmigrant worker (Form I-129) be denied for the following reason:

On June 16, 2005 you submitted a petition to change the beneficiary’s status from H-4 to H-1bB.CIS records show that on June 28, 2005 the beneficiary departed the country. An alien who has filed for a change of nonimmigrant status and who travels outside the United States before the request is adjudicated to have abandoned the request for a change of status.

The request for a change of status is hereby denied; however, the beneficiary is eligible for H1-B status and notification is being sent to the consulate specified in the petition. The beneficiary will have to apply at the consulate for the appropriate visa.

A denial of a request for a change of status may not be appealed, but an applicant may file a motion to reopen or reconsider under 8 CFR 105.5.a motion to reopen or reconsider must be filed in writing and signed by the affected party or the attorney or representative of record and accompanied with a fee of $110.00 within 30 days of the decision. A motion to reopen or reconsider must state the new facts to be proved or reconsidered and must be supported with affidavits or other documentary evidence and any pertinent precedent decisions.
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Please let me know what this means , will I be able to go to India get my H1 stamped or do I have to wait another year to apply for H1 again.
thank you in advance for your help.
 
Last edited by a moderator:
H1

It appears that COS is denied, so you can't change the status while in USA. You can get H1 status by leaving the country and presenting yourself at the consuolate that is mentioned in your application.
 
You left the country and therefore they denied the application. Yes you will have to leave and apply at a consulate.
The moral of the story is: People make sure you know the rules for the kind of application you are applying for and make sure something as innocent as a vacation won't screw you over. Why you didn't know this is beyond a lot of us. Educate yourself, this info is easily found. If you had a lawyer do this for you fire them if they didn't tell you this. These kind of mistakes are heart breaking and expensive.
 
same case can my wife work

My wife applied for H4 to H1 conversion (April'06) and then travelled to India (May'06). She came back on H4 (Jun'06). After one month her H1 was approved which includes a new I 94 valid from Oct'06.

Can she start her employment from Oct '06 or does she have to get H1 stamped.
 
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