QUESTION

If my Change of status is denied will the USCIS not mail my H1B papers. I didnt get my approved petition even though my H1B was approved on 7th Oct.

Asked on Oct 24th, 2011 on Immigration - Virginia
More details to this question:
If my Change of status is denied will the USCIS not mail my H1B papers. I didnt get my approved petition even though my H1B was approved on 7th Oct.
Report Abuse

1 ANSWER

If an H-1B petition was filed for you along with a change of status request, it is possible that CIS could approve the H-1B petition but deny the change of status request.  This could be a serious issue for you as CIS may have determined that you are not currently maintaining proper non-immigrant status or that there is a status issue in your past. You would not receive any paperwork from CIS.  The employer/petitomer would receive a notice and the attorney of record should receive a notice as well. If your H-1B was approved on 10/7/11, the H-1B approval notices would have normally arrived at the petitioner and/or attorney.  You should check with the petitioner/attorney. If the change of status request was denied, you likely need to depart the U.S. and obtain an H-1B visa at a U.S. Consulate in your home country before commencing H-1B employment.  You should consider consulting an immigration attorney though because the reason your change of status request was denied could also be a problem for travel and/or the H-1B visa process. Each indivdual case is different and dependent on that person's facts.  You should consider consulting with an immigration attorney to review the reasons why your change of status was denied. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  
Answered on Oct 28th, 2011 at 5:04 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters