H1 B approved but change of status from H4 to H1 denied

[rothisun]

I am currently on H4 visa (Valid till 2015) Living in US. I had applied for H1b and got selected in the lottery and received the Receipt number. I travelled to India on an emergency during that period. I am back and currently in US.

Today I received the notice stating that my H1b is approved and the change of status from H4 to H1 has been denied since I went out of the country and also stated that I have to go to consulate in India to get my H1 stamped.

My Questions :
1. Is there any way to re apply for change of status without travelling to India ?
2. What are the chances of getting it approved?
3. How much would it cost to reapply ?

4. If I go to India for stamping what are the chances of getting it stamped ?
5. In case it does not get approved, can I still come back on my H4 ?
6. After coming back can I apply for my H1 again in this year's quota itself ?

Please Advise.

Thanks for the help

[raghvi]

I am currently on H4 visa (Valid till 2015) Living in US. I had applied for H1b and got selected in the lottery and received the Receipt number. I travelled to India on an emergency during that period. I am back and currently in US.

Today I received the notice stating that my H1b is approved and the change of status from H4 to H1 has been denied since I went out of the country and also stated that I have to go to consulate in India to get my H1 stamped.

My Questions :
1. Is there any way to re apply for change of status without travelling to India ?
2. What are the chances of getting it approved?
3. How much would it cost to reapply ?

4. If I go to India for stamping what are the chances of getting it stamped ?
5. In case it does not get approved, can I still come back on my H4 ?
6. After coming back can I apply for my H1 again in this year's quota itself ?

Please Advise.

Thanks for the help

1.Yes One can file amendment application on The petition. The employer will have to provide evidence and reasons for conversion of consular process to COS and it is in hands of USCIS , no guarantee.
2. As said no guarantee, it depends upon how strong the reason can be provided, merely avoiding the interview is not a valid reason.
3. The USCIS fee is $320 apart premium processing will be much more, but you will get result faster. apart from this there is the attorney fee. without approval you cannot start work with the employer as your case was a consular process.
4. One cant say for sure, there are various factors, It depends upon the documentation, number of layers in the middle etc.
5. Yes you can use the H4 as long as it is valid, in rare cases the H4 gets cancelled too by the consular officer before deciding on the H1, in such case if H1 is also denied, you will have to file H4 again.
6. Yes you can as You are already cap counted, but again, the petition with current employer is consular processing so if you want to work with current employer without getting stamping done, you will have to get the petition amended first. If you can find another employer, they can in turn file a new petition as COS and if approved, you can work.

This is my opinion to legal advice.

[prashant006]

1.Yes One can file amendment application on The petition. The employer will have to provide evidence and reasons for conversion of consular process to COS and it is in hands of USCIS , no guarantee.
2. As said no guarantee, it depends upon how strong the reason can be provided, merely avoiding the interview is not a valid reason.
3. The USCIS fee is $320 apart premium processing will be much more, but you will get result faster. apart from this there is the attorney fee. without approval you cannot start work with the employer as your case was a consular process.
4. One cant say for sure, there are various factors, It depends upon the documentation, number of layers in the middle etc.
5. Yes you can use the H4 as long as it is valid, in rare cases the H4 gets cancelled too by the consular officer before deciding on the H1, in such case if H1 is also denied, you will have to file H4 again.
6. Yes you can as You are already cap counted, but again, the petition with current employer is consular processing so if you want to work with current employer without getting stamping done, you will have to get the petition amended first. If you can find another employer, they can in turn file a new petition as COS and if approved, you can work.

This is my opinion to legal advice.

Q. How much would it cost to reapply ?
ANS. The USCIS fee is $320 apart premium processing will be much more, but you will get result faster. apart from this there is the attorney fee. without approval you cannot start work with the employer as your case was a consular process.


Well, my employer says, The cost is $2000+ as its a all work all over again and as good as fresh h1 application..

If its fresh does that mean h1 can also get rejected ? or worst case only COS will get rejected but h1 will remain approved.

[prashant006]

I am currently on H4 visa (Valid till 2015) Living in US. I had applied for H1b and got selected in the lottery and received the Receipt number. I travelled to India on an emergency during that period. I am back and currently in US.

Today I received the notice stating that my H1b is approved and the change of status from H4 to H1 has been denied since I went out of the country and also stated that I have to go to consulate in India to get my H1 stamped.

My Questions :
1. Is there any way to re apply for change of status without travelling to India ?
2. What are the chances of getting it approved?
3. How much would it cost to reapply ?

4. If I go to India for stamping what are the chances of getting it stamped ?
5. In case it does not get approved, can I still come back on my H4 ?
6. After coming back can I apply for my H1 again in this year's quota itself ?

Please Advise.

Thanks for the help

So what happened in your case ?

[vinsa1234]

so did you get Change of status approved . If so , which option did you choose to achieve it.

[vsramadhasan]

same situation

I am currently on H4 visa (Valid till 2015) Living in US. I had applied for H1b and got selected in the lottery and received the Receipt number. I travelled to India on an emergency during that period. I am back and currently in US.

Today I received the notice stating that my H1b is approved and the change of status from H4 to H1 has been denied since I went out of the country and also stated that I have to go to consulate in India to get my H1 stamped.

My Questions :
1. Is there any way to re apply for change of status without travelling to India ?
2. What are the chances of getting it approved?
3. How much would it cost to reapply ?

4. If I go to India for stamping what are the chances of getting it stamped ?
5. In case it does not get approved, can I still come back on my H4 ?
6. After coming back can I apply for my H1 again in this year's quota itself ?

Please Advise.

Thanks for the help

Please let me know what did you do, we are also in the same position.