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Immigration Issues/H1B: Change of status rejected

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Question
QUESTION: Hello sir,

This is for a friend of mine.

I came to US in May'13 on L1B visa but I had approved H1B petition from india( The approved petition didnt had the I94 as I was in India while applying for H1B).

I resigned from my L1 employer and joined the new employer on H1B (Starting Oct 2013). The H1B employer didnt check that my H1B petition didnt had the I94 (This is the same employer who had filed for my H1B).

When H1B employer applied for my change of status, the attorney noticed that I didnt had I94 on my H1B petition and suggested to apply for my new H1B rather.

My employer terminated my service from the Org till the new h1 is approved.[I continued staying in US meanwhile]

I got my H1B petition approved but change of status got rejected. Now i am being asked to go back to my home country and get visa stamped.

Please suggest what options do I have for this case."

ANSWER: Hi,

You are violating your nonimmigrant status in the U.S. if you remain in the U.S. It is not possible to obtain extension or change of status at this point since the change of status was denied. I recommend departing the U.S. and obtaining an H1B Visa at a U.S. Consulate in India and then entering the U.S., at which point you will be legally able to be employed by the H1B employer. The H1B employer's attorney will tell you the same.

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

QUESTION: Hello sir,

Thanks for the reply.

How long my friend can stay in the US. Also what all important documents will required by him for visa stamping.

Answer
Hi,

He should not continue to violate his status. He should depart the U.S. in an expedient manner. I am hesitant to state that it is OK to continue to remain in the U.S. for an x period of time.

He will make an appointment at the Consulate and will carry the documents requested by the Consulate, which are typically


§  All the required visa applications, photographs & fees. Please check the consular link

§  Form I-797A - the original notice of approval, and any previous I-797's, if applicable

§  The complete I-129 Petition for a Nonimmigrant Worker including the Labor Condition Application and employer support letter submitted to the USCIS

§  The originals of university diplomas, and marksheets or transcripts, and copy of credentials evaluation equating a foreign degree to the U.S. equivalent if a degree from the U.S. has not been completed.

§  Work experience letters from previous employers, if applicable

§  Letter from the H1B employer on official letterhead confirming/verifying employment and (recommended but not required) a copy of the company’s brochure or printout of [at least some portions]website

§  One set of photocopy of all the above documents  

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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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