Legal Question in Immigration Law in Michigan

H1 petition approved..but change of status F1 - H1 denied..

Hello,

I received H1 petition approval, but the change of status from F1 to H1 was denied on the grounds that I was not maintaining F1 status at the time of applying for H1. Thus, I would have to go out of the US to get the change of status approved, before I can start working.

I have the required documentation (fee receipts, enrollment information,etc.) to prove I was maintaining status at all times.

In this scenario, should I file a Motion to Reopen / Reconsider, or should I just go to my home country and try changing status from there ? which option would be safer ?

what are the approx. processing times for these Motions ?

Thanks in anticipation.


Asked on 11/29/04, 10:06 pm

2 Answers from Attorneys
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: H1 petition approved..but change of status F1 - H1 denied..

You are probably justified in your concerns that filing a MTR may take longer than simply flying back to your home country. At the same time, you want to be concerned with problems you may encounter at the consulate. Did you process your H-1 via regular or premium processing? Depending on this we may have one attempt short of filing the MTR or having you return home. Feel free to contact me and we will see what we can do for you.

Sincerely,

Sameer Kumar

(732) 985-1310

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Answered on 11/30/04, 11:40 am
Caridad Cardinale Pastor & Associates, P.C.

Re: H1 petition approved..but change of status F1 - H1 denied..

It would be best to deal with this issue while in the U.S. since exiting the U.S. is never the first option for various reasons including appeal rights which cannot be preserved outside the U.S. We would be happy to examine your evidence and provide you with more personal advice. Please call us at 248 619 0065. Thank you, Caridad Pastor Cardinale

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Answered on 12/06/04, 10:28 am


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