H1b Approval

[akilamail]

Hi all,

I have applied for my H1b last year and got my approval recently. Due to some personal reasons I had to travel to India while my H1 was under process but i was back in the country before approval. I had a RFE regarding this and submitted my new I94 as well in my RFE response.

So I have received I797B without an I-94 attached.

Is there a way I can apply for amendment of COS from H4 to H1 without having to travel to my home country for stamping.

Appreciate your timely response.


Regards
Akila

[raghvi]

Hi all,

I have applied for my H1b last year and got my approval recently. Due to some personal reasons I had to travel to India while my H1 was under process but i was back in the country before approval. I had a RFE regarding this and submitted my new I94 as well in my RFE response.

So I have received I797B without an I-94 attached.

Is there a way I can apply for amendment of COS from H4 to H1 without having to travel to my home country for stamping.

Appreciate your timely response.


Regards
Akila

On what visa did you enter US?

COS is considered abandoned if one travels while it is pending and that's what happened in your case. You could have gone for stamping while in India and returned on H1.
Yes you can apply for amendment but its at USCIS discretion and needs justification as to why it needs to be a COS.

You can also go to a neighboring country if they would allow a TCN.

This is my opinion not legal advice.