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.
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:
---------------------------------------------------------------------------
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.
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