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I129 petition approved but COS not granted

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  • I129 petition approved but COS not granted

    Please help me to make the right decision in the following situation.

    My Scenario:
    I was in L1 A status and working for employer "A" since Apr 2016. Employer "A" filed my extension of stay in June 2018.

    While I was waiting for a decision, employer "B" filed L1 to H1B change of status (COS) petition in April 2019 and it got picked in the lottery. I received the notice dated 05/02/2019 in May.

    On 05/22/2019 my L1A extension petition got denied and my status becomes out of status. I returned back to home country on 06/04/2019.

    On 09/13/2019 I received a transfer notice and my I129 petition approved on 11/26/2019 as per the USCIS case status website. However, as per the decision noticed dated 11/29/2019 it seems COS not granted for the reason I do not maintain nonimmigrant status.

    Q1. Is it possible to get visa stamped based on approved I129? or the decision letter is final and I have no option left?

    Q2. If the decision letter is final and visa stamping is not possible based on approved I129, what is the probability of getting a positive decision if I go for an appeal using Form I-129B which is proposed by my employer "B"?


    Ref:
    Update in case status website
    "On November 26, 2019, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number XXXXXXXXX. We sent you an approval notice. Please follow the instructions in the notice."

    Update in the Decision letter
    "Title 8 Code of Federal Regulations(8 CFR), section 248(a), provides that only an alien who is continuing to maintain nonimmigrant status may be granted a change of status. USCIS records indicate that the beneficiary departed the US on June 4, 2019. Therefore, the beneficiary was not maintaining nonimmigrant status at the time of filing the I-129 petition"

  • #2
    As far as I know, if your I-129 is approved without change of status (CoS) when you were out of country, you can still use it to work here in US but you will need to go for visa stamping with your I-797B approval notice without change of status.
    Concurrent F2A at NBC. FO Detroit

    10/03/2019 docs mailed
    10/07/2019 pkg received
    10/17/2019 text msgs receipt
    10/18/2019 checks cashed
    10/21/2019 receipt of 797s in mail
    12/02/2019 RFE sent
    12/11/2019 RFE response received
    01/30/2020 completed bio (walk-in)
    01/30/2020 Fingerprints applied
    02/28/2020 Ready to be sched. for interview
    03/02/2020 interview scheduled
    03/06/2020 Int letter in mail
    04/15/2020 Interview day - CANCELLED DUE TO COVID
    10/05/2020 Interview resched.
    11/09/2020 Interview day

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    • #3
      Originally posted by sohi429 View Post
      As far as I know, if your I-129 is approved without change of status (CoS) when you were out of country, you can still use it to work here in US but you will need to go for visa stamping with your I-797B approval notice without change of status.
      Thanks, sohi429 for the reply. However, my employer did not receive any I-797 yet, they only received decision letter. Are we supposed to get I-797 notice also along with the decision letter?

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