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petition for Change of status denied+ h1 petition approved

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  • petition for Change of status denied+ h1 petition approved

    Hello folks,

    Thanks for all the info ewveryone is providing. Here´s a question to see if someone has been on the same spot:

    1-) I have my h1-b petition approved back in March and have all my paperwork ready to present at the consulate for the interview. I´m currently outside of the US.

    2-) Paralelly, I´ve arrived to the US a couple of months ago on a H2B (i´ve been on that type of visa several times). The visa expired on May 10. Before the expiration of the term, I requested a change of status to B1/B2 since I wanted to travel for a couple of months after my job was done (I did that before and had no problems whatsoever).

    I received a letter from the USCIS on July 5 (the letter was dated on June 29), denying my request and demanding me to get out of the country. Thje gave no deadline to do so. Inmediately, I´ve tried to look for flghts since I had to fly cross country to leave the US and catch several flights, which was very difficult for thisa time of the year when everyone is on holydays. I finally left the US on the 19 - that is 2 weeks since I´ve received it.

    QUESTION: I´m concerned that this might jeopardyze my -already- approved petition during the consular interview. WIll it? Is there anything I should address? Has anyone been on a similar situation? any opinions? Advice? I´ve spoke with the attorney who handled my visa, and also asked for a second opinion to another attorney and both said that that might probably show up on the consulate and they suggested me to bring all of my papework to support the facts -which I have- but the said that would not present any mayor issues.

    THANKS MUCH IN ADVANCE

  • #2
    You will have to take an appointment for the H1B visa after the approval, at the local consulate at your home country and explain your case to the Visa Officer. Just make sure that if you have stayed for any period in the US beyond your I 94, then you have valid expln for the same. H1B is a dual inten visa and issuance will depend on your qulifications/experience and the credentials of the sponsoring company.
    VEENA
    (NOT LEGAL ADVICE)

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    • #3
      Tnx

      TNX Veeno for your prompt response. My question was pointing not towards the h1 visa system, but to the I-94 issue.

      Will I be able subject any trouble either at Consulate or POE?

      TNX

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