L1A Amendment for correction of approval notice

[naveenkmailbox]

Hi,

 

My H1B max out date is 1/27/2015 and am in USA. Hence my company applied L1A for me and L2 for my dependents. I got my petition approved and my dependents petition denied. But I got the I-797B approval notice instead of I-797A. When I digged upon the reason for this I-797B approval notice and denial for my dependents, I found that my travel history with CBP shows that I travelled outside of USA on 1/26/2014 and never returned back. My dependents travel history shows they remain in USA (hence theirs were denied saying adjustment of immigration status can't be done as primary applicant is outside of USA)

As per my company's advise I contacted CBP office if the correction can be made but I got a response that travel histories can't be corrected by CBP office. Also I got a response that I can work with USCIS on a correction of approval notice with necessary documents.

My company has now filed an amendment case with USCIS under PPS processing.

My company also has advised me to travel to Canada (I got Canada visitor visa stamped already and booked an appointment with US consulate canada) for performing a stamping if USCIS didn't provide a response quickly.

I have below questions. Please advise.

1. Can I travel to Canada for stamping with my current I-797B while USCIS is processing my amendment?

2. Would I be able to contact directly USCIS to check the status of my amendment case?

 

Thanks

[jairichi]

1. Yes, you can go for stamping. What is the amendment for?

2. No. Only your employer/attorney can do so.

[naveenkmailbox]

Thanks for your response. My amendment is for correction of approval notice from I-797B to I-797A (with I94 details). I-797B doesn't have I94 and USCIS thought that am in India which is not true. Even though the travel history in I94 website shows that I travelled out of USA on 1/26/2014 but I never travelled out and have remained in USA. Hence now with amendment I have provided my banking statements, cell phone bills, lease agreement etc as proof that I am in USA and not travelled as like it is shown in travel history.