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Dear Subramanya and others,
I’m on H1 and my wife is on H4 and her application for H1 (change of status from H4 to H1) for the year 2008 got selected. And we (including her employer) didn’t know that she shouldn’t be traveling when her change of status is in progress and she left the country just before she received her approval notice I-797. (She left in June 07)
The I-797 that her employer received states that her change of status is considered as abandoned due to her travel. However, the I797 also states that “Even though the named worker is ineligible for a change of status, she may depart the United States and apply for the proper visa at a consulate abroad and then she may apply at a Port of Entry …based on the new Visa. …To speed this process, we have sent notification of the approval of the classification to the consulate listed above. …”
I'm sure you must have seen cases like this before and helped them as well. We basically don't know what to do at this stage.
Here are my questions. Please help us resolve this issue:
1) It was our fault that we didn’t ask the right people before she traveled. Now that she did, what is the best course of action, if any, for her to get her H1 stamped? Based on the above info, can she still go to the (Chennai) consulate and get her H1 stamped? If so, what are the supporting documents needed? We could submit documents for the necessity of the travel.
2) Someone also suggested that if we contact the INS here stating the reason for her travel and ignorance and they would probably amend the status and send the updated info to the Chennai consulate. Is that true?
3) Is there any time limit within which she should approach the consulate for her H1 stamping, in this case?
4) Her H4 needs to be extended as well. So if her H1 gets rejected, can she schedule another appointment for H4 renewal and comeback on H4? (from reading your other forums, this should not be a problem but wanted to confirm)
Please help us here. We are kind of stranded...
Thanks a lot in advance for all your help.
I’m on H1 and my wife is on H4 and her application for H1 (change of status from H4 to H1) for the year 2008 got selected. And we (including her employer) didn’t know that she shouldn’t be traveling when her change of status is in progress and she left the country just before she received her approval notice I-797. (She left in June 07)
The I-797 that her employer received states that her change of status is considered as abandoned due to her travel. However, the I797 also states that “Even though the named worker is ineligible for a change of status, she may depart the United States and apply for the proper visa at a consulate abroad and then she may apply at a Port of Entry …based on the new Visa. …To speed this process, we have sent notification of the approval of the classification to the consulate listed above. …”
I'm sure you must have seen cases like this before and helped them as well. We basically don't know what to do at this stage.
Here are my questions. Please help us resolve this issue:
1) It was our fault that we didn’t ask the right people before she traveled. Now that she did, what is the best course of action, if any, for her to get her H1 stamped? Based on the above info, can she still go to the (Chennai) consulate and get her H1 stamped? If so, what are the supporting documents needed? We could submit documents for the necessity of the travel.
2) Someone also suggested that if we contact the INS here stating the reason for her travel and ignorance and they would probably amend the status and send the updated info to the Chennai consulate. Is that true?
3) Is there any time limit within which she should approach the consulate for her H1 stamping, in this case?
4) Her H4 needs to be extended as well. So if her H1 gets rejected, can she schedule another appointment for H4 renewal and comeback on H4? (from reading your other forums, this should not be a problem but wanted to confirm)
Please help us here. We are kind of stranded...
Thanks a lot in advance for all your help.
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