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My consultant applied for COS along with my H1B petition. Due to unavoidable circumstances, we had to leave US and come back. Our respective visas have also expired. The H1B petition was put from US when I was on H4 and my spouse was on H1B. My consultant is non-approachable. Neither does she respond properly on mails nor on calls and she isn't sharing the contact details of the attorney as well.
But for now, I have managed to at least get a copy of my RFE . The RFE says that an alien who is continuing to maintain non-immi status may apply for change of status. An alien on whose behalf a COS has been filed and who travels outside US before the request is adjudicated is considered to have abandoned the request for COS and the petition shall be denied.
When it says petition shall be denied, does it mean that the H1B petition would be denied or COS since I departed US and my H4 visa has also expired. It also says that the spouse also has not maintained H1B status until Aug 24th. We both have left US and our respective visas have also expired.
Will H1B be denied to me since I departed from US and could not maintain the visa status or there can be a way out? Also, my consultant is just not helping me. Instead she is telling that we would not submit any documents and your visa would be denied.
Please help.
But for now, I have managed to at least get a copy of my RFE . The RFE says that an alien who is continuing to maintain non-immi status may apply for change of status. An alien on whose behalf a COS has been filed and who travels outside US before the request is adjudicated is considered to have abandoned the request for COS and the petition shall be denied.
When it says petition shall be denied, does it mean that the H1B petition would be denied or COS since I departed US and my H4 visa has also expired. It also says that the spouse also has not maintained H1B status until Aug 24th. We both have left US and our respective visas have also expired.
Will H1B be denied to me since I departed from US and could not maintain the visa status or there can be a way out? Also, my consultant is just not helping me. Instead she is telling that we would not submit any documents and your visa would be denied.
Please help.
