H1B Visa Incorrect filing

[acharyaani]

Hi,

I am in USA for more than 4 years in L1b Visa.My L1B Max out date is on 07/13/2012.

My employer file H1b Visa this year 2011 and it got approved till 07/13/2012.

But my mistake the immigration department didn't file change of status from L1 to H1 and instead they filed it for consulate processing in India.

Is it possible to file the change of status separately so that I don;t have to go for stamping to India or Canada.

Thanks in advance.Waiting for your reply.

[Attorney_13]

In general, in order to obtain a new approval notice with an I94 card attached (for a change of status) the petitioner will have to file a new H1B petition with the USCIS. Otherwise, one can apply for an H1B visa at a US Consulate.

Please conslut directly with a qualified immigration attorney to discuss your case in detail.