Legal Question in Immigration Law in Colorado

L2 to H1 change of status is denied

Hi,

My husband came to US on L1 (in Nov. 2006) and I came on L2 on Apr 7 2007. My husband filed for H1 for both of us on Apr. 2 2007. We both got H1 approval but my change of status is denied (his is not a problem). The reason quoted is - my H1 was filed prior my arrival to US and hence I was not having a valid nonimmigrant status at the time of filing H1. Its also mentions that I should go to Delhi to get my visa stamped. So my questions are:

1. Will I still be able to work on H1 as I received H1 approval?

2. What are the chances of my H1 getting stamped if I go to Delhi?

3. In case it gets rejected in Delhi, will I be able to come to USA immediately on L2 as it is valid till Aug 2008?

Please reply soon. Thanks.


Asked on 10/03/07, 8:16 pm

2 Answers from Attorneys
Eric Fisher Law Office of Eric A. Fisher. LLC

Re: L2 to H1 change of status is denied

Your question raises too many issues to discuss by email. You may call us next week or schedule an appointment.

We would need to see the visa stamps and I-94, as well as the USCIS notices.

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Answered on 10/04/07, 11:05 am
Shah Peerally Shah Peerally Law Group PC

Re: L2 to H1 change of status is denied

I think you should try to talk to an immigration officer if they will be willing to amend the H1B petition. If they agree you can file the amendment and move forward on a change of status. Although it is true that at the time of filing you did not have status in the US, at the time of the approval and the start of the H1B (October), you had status. An argument can reasonably be made. However, remember that sometimes consular processing is not that bad either because it will confer a visa which will allow you to travel especially for H4s. Working with many Indian clients, I know Delhi is not that bad in processing such visas. I wish you best of luck. Indeed you definitely need the assistance of an attorney in this case to move forward. Feel free to contact us for any additional information www.peerallylaw.com

Shah Peerally,

Law Offices of Shah Peerally

Note that the answer above is purely informational. No client attorney relationship is created in this situation. This answer should not refrain or encourage you to contact an attorney

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Answered on 10/06/07, 3:12 am


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