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Need help!!
I came to US on 7th Feb 2015 on H4 Visa, then applied for H1B Visa and got approved i797B, when my employer was trying to get my change of status from H4 to H1B, we got to know that my i94 of H4 got expired on 11th Dec 2015. My employer filled the form i539 and sent to uscis and they have got i797B saying that " The above petition has been approved for the classification requested .It has been determined that the named worker(s)are not eligible for the requested change of status"
"Approved I-129 petition for classification of the beneficiary as an H-1B nonimmigrant will be forwarded to Mumbai, India consulate."
as per USCIS : Form I-797B:
This means that you are qualified for the job but your change of status cannot be approved. So you cannot stay and work in the U.S. for two reasons:
Hence, such applicants, if they’re still staying in the USA must leave and apply for visa.
The officer will determine if you are eligible for re-entry based on the evidence you’ll provide during the interview.
I am planning to leave the USA immediately.
>But would i face any problem on my next arrival in USA and will i be asked about this in consulate interview?
>what kind of question they can ask in consulate?
>What documents i should carry when going for stamping in India?
>Is there any chances of rejection?
>If my H1 got rejected in consulate can i come back to USA in H4 visa?
I came to US on 7th Feb 2015 on H4 Visa, then applied for H1B Visa and got approved i797B, when my employer was trying to get my change of status from H4 to H1B, we got to know that my i94 of H4 got expired on 11th Dec 2015. My employer filled the form i539 and sent to uscis and they have got i797B saying that " The above petition has been approved for the classification requested .It has been determined that the named worker(s)are not eligible for the requested change of status"
"Approved I-129 petition for classification of the beneficiary as an H-1B nonimmigrant will be forwarded to Mumbai, India consulate."
as per USCIS : Form I-797B:
This means that you are qualified for the job but your change of status cannot be approved. So you cannot stay and work in the U.S. for two reasons:
Hence, such applicants, if they’re still staying in the USA must leave and apply for visa.
The officer will determine if you are eligible for re-entry based on the evidence you’ll provide during the interview.
I am planning to leave the USA immediately.
>But would i face any problem on my next arrival in USA and will i be asked about this in consulate interview?
>what kind of question they can ask in consulate?
>What documents i should carry when going for stamping in India?
>Is there any chances of rejection?
>If my H1 got rejected in consulate can i come back to USA in H4 visa?
