Switching from denied I-140 to H1

S

sunny001

New Member
Hi, Folks
I am in great distress. I filed my I-140 and I-485 concurrently and got my EAD and moved straight from F1 to GC EAD. After 3 years we received RFE regarding my degree evaluation. The attorney sent a crapy evaluation and finally received a denial for both I-140 and I-485. I changed my attorney and the new attorney filed a motion to reopen with a positive evaluation. But because of my bad luck my employer sold his business and my whole case went cold.
Now the attorney has filled a H1 visa for me thru other company. My question is here what are my chances of converting my status to H1 while in the country. I do not want to leave the country what can I do. The attorney told me that if the service approves my case they might ask me to go to my parent country to get my status changed I don't understand what does he means by this. Can anyone answer to this problem and advise me what to do.
Thanks.
 
You may have to leave the US temporarily to back to your home country and then return to the US crosing the border with an H-1B visa stamp in your passport. Consider taking some college courses full-tmi and be on F-1 until the H-1B is approved. That way you are legal in the US as foreign student while awaiting H-1B approval.
 
Only potential problem to get F1 is s/he already applied for Permanent residency. It rings the bell with immigration intent when getting F1.

Whether you have to go out of the US for stamping depends on your approval notice. If you receive 797A, you can stay without visa stamp, if you receive 797B, you need to go out of the US to get stamp.
 
Last edited by a moderator:
Can I go to Canada to get it stamped instead of going back to my home country in case I receive 797B (H1 approval)
 
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