Immigration Issues/notify embassy

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Question
i went here in the United States as a tourist visa, and changed my status to student visa, taking my second semester this september at los angeles community college, this april i applied for my working visa which i did not use any lawyer for some reason my friend was the one who filled for me. and the immigration asked for rfe regarding on my file, that was the time i used a lawyer. for a few months it got approved, to my surprissed my lawyer told me that my friend checked notify embassy rather than change of status, which now i need to go to mexico on the last week of september. my papers got lost but my employer gave me some new ducuments to support my evidence at the immigration. not exactly the same as i filled before but more updated. is it questionable to the immigration of my student transferring to working? how bad is my situation here? i also got my ss number which is very weird because i went to the immigration in downtown they told me that i dont need to go out of the country and that i can already get my ss number, i went down to the ss administration but was hesitating to give me one because all i can show them is the approvla itself. not having the i-20 or watvr its called. please help me?

Answer
Hi,

Since the H-1B petition that was filed apparently requested consular notification rather than change of status from F-1 to H-1B, your H-1B status will be activated only when you apply for an H-1B visa at any of the U.S. Consulates in Mexico and then enter the U.S. using the H-1B visa.

There should be no problem at the Consulate as long as you did not change your immigration status from tourist to student within 2 months of your entry into the U.S., or as long as the H-1B petition was not filed within 2 months of being granted change of status to student status. Doing any of the above could possibly be construed as "fraudulent entry".

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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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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