Can we Amend pending H-1b petition for CP to Change of Status

[l1btol1a]

Hi Gurus,

Please help regarding the following,

One of the employer filed the H-1B as Consular Processing not PP for FY 2014 and the petition is pending with USCIS. Can we request USCIS for Change of Status while the H-1B petition pending?

Thank you

[raghvi]

Technically yes. An amendment will only be possible after a receipt is generated. Evidence would have to be provided as to why the CP to COS should be granted. But again, its at the discretion of USCIS whether they approve it or not.


This is my opinion not legal advice.

[l1btol1a]

Technically yes. An amendment will only be possible after a receipt is generated. Evidence would have to be provided as to why the CP to COS should be granted. But again, its at the discretion of USCIS whether they approve it or not.


This is my opinion not legal advice.

Raghvi, Thank you for quick reply.

We have received the Receipt and the reason we have selected is we thought to visit home country but later decided not to visit. Will USCIS agrees for this? Is there any USCIS fee involved in this process?

Thank you

[raghvi]

Raghvi, Thank you for quick reply.

We have received the Receipt and the reason we have selected is we thought to visit home country but later decided not to visit. Will USCIS agrees for this? Is there any USCIS fee involved in this process?

Thank you

I doubt its a valid justification. One would have to prove huge financial loss to the client/business due to the travel/absence from US or something of this sort. talk to your immigration lawyer.

This is my opinion not legal advice.