H1 approved but change of status denied (from L2 - H1)

[shiva-v]

Hi ,  My H1 got approved on 14-Nov-16 and at the same time change of status (From L2 - H1) got denied. USCIS given reason
for denial as follows "USCIS records indicate that the beneficiary departed the United States and returned to the United States on September
4,2016. Because the beneficiary departed the United States while the change of status was pending, the beneficiary is considered to have
abandoned the request for a change of nonimmigrant status. The beneficiary's subsequent retum to the United States does not negate the
abandonment of status. After a complete review, it is ordered that your request for a change in the beneficiary's status be denied pursuant to 8
CFR $ 2a83(g)".    if you disagree with this decision or if you have additional evidence that shows this decision is incorrect, you may submit a
motion to reopen or a motion to reconsider by completing a Form l-290B., Notice of Appeal or Motion     

Actually I didn't depart or return to US. I went to Texas-Mexico border (Place called Laredo) to extend my I94. Why I need to extend I94 is explained here "I am on L2 VISA working on EAD, my husband is on L1 VISA which is valid until March-2018 however his passport was expiring by end of Nov-2016, so initially we got I94 validity as per my husband passport expiry date. He applied for new passport and got renewed passport. post that we went to CBP office in Laredo (Texas border) for I94 extention and they extended I94 as per my husband's L1 VISA validity and new passport validity. We didn't even cross Texas border, with in texas it self our I94 got extended and there is no immigration stamp for county exit or entry on my passport, CBP officer just gave us new I94  print out on a card and they stamped on that card.

In this situation, please suggest what is the best option to get my H1

1. Should I or my attorney submit a motion to reopen or a motion to reconsider by completing a Form l-290B., Notice of Appeal or Motion

2. Should
we apply for H1 ammendment on premium process

3. Or is it better to go consulate office in India and attend H1 VISA interview

[shekar11#]

You cannot apply for MTR. You need to go to India and attend interview to be back on H-1 status ASAP.

[shiva-v]

Thanks a lot for your valuable suggestion. My consultant suggesting to try H1B amendment in premium process and it will be done in 2-3 weeks or with in a month.  if we file an amendment what are the possibilities to get my H1B and how long it would take.