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Immigration Issues/Change of Status to B2 / Extension denied

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QUESTION: Hi,

I was in US on H1B visa for 6 years with I-94 valid till 2nd June 2011. Based on my daughter's health complications, I applied for change of status to B2 and extension of stay till 2nd December 2011. As my daughter's treatment done and health improved, I travelled to India on 3rd August 2011, while my application was still pending with USCIS. My friend in US has received the decision letter from USCIS, saying the change of status / extension on B2 is denied. I am currently working for US based company from India. Will this denial from USCIS affect my future entry into US?

ANSWER: Hi,

As you departed the U.S. in August (when the I-94 had expired in June), and since the B2 was ultimately denied (even though the primary reason for denial may have been departure from the U.S. prior to adjudication of the application), any existing unexpired visa stamps (if applicable) in your passport are no longer valid. Thus, you should obtain a new visa stamp at the nearest U.S. Consulate for any future entry to the U.S.

Your friend should send you copy of the B2 denial notice for your records, as this is evidence that the application to change status to B2 was filed prior to I-94 expiration in June.

---------- FOLLOW-UP ----------

QUESTION: Dear Ajay,

Thank you for answering. I have received the USCIS decision letter from my friend. The reason for denial is "Applicant of US, while application is pending". I have one more question and request your expert opinion on this.
I am working for a US based company from India. I am sitting and working at my company client office location in India. Since I do not have valid H1B or green card to show that, I am an employee of US based company. Do my company need to register and open an office in India? They want me stay for 1 year at client place to develop them and co-ordination. What are the possibilities for me to be eligible for L1 or H1B visa?

Answer
Hi,

You can work for the U.S. company in India without any restrictions. In other words, you are not required to maintain any visa status such as H1B, etc.

The U.S. company has total control over deciding whether to file an H1B or L1 petition with the USCIS in order to allow you to apply (after USCIS approval of the petition) for the respective visa stamp at a U.S. Consulate and enable you to enter the U.S. Information about the L1 visa category is here: www.h1b1.com/L1visa.htm

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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