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Immigration Issues/H1B petition approved but I-129 denied


Change of status was denied bcoz I visited India while my H1 application was being processed.I had no idea that it would result in this problem or else I would not have gone to India at all.

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Question -
my H1 petition(I-797) is approved but I-129 for change of status has been denied.My approval notice says I need to go to calcutta consulate(india) for stamping.In case I wish to go to canada(or any consulate apart from calcutta) for stamping,I need to fill form I-824.Could you please tell me how long does it take to process form I-824 and if my H1 visa is denied at the consulate,will i be refused entry in USA on my current H4 visawhich expires in july 2007 and I-94 which expires in 2009?Also,instead of going for stamping,can I re-apply form I-129 for change of status fron H4 to H1 while staying in US?

Answer -
Why was change of status denied?



Canada does not have to agree to do interview/stamping. If you are rejected there, they should let you back in on your H4. You can not file anotehr I-129 to change status. You may be able to file I-539 with copy of I-129 approval to change status.



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Robert Hollander<B> Esq.</B>



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