H1B approved but Change of Status Denied

[pbataby]

I am currently on L2 with EAD and working for an IT firm as a full time employee. My L2 is valid till August 2012. My company applied for my H1B this April 2011. This is my company's first H1B. I got an RFE on June 24th requesting for evidence on L2 and L1. My company's attorney sent all docs for L2 and not for L1. So, I got H1B approval for 3 years on September 6th. But my change of status got denied. The letter attached to the I797 reads like this - "The beneficiary's current status as an non-immigrant L-2 was/is dependant on a valid status of the L-1 spouse. in a request for evidence dated June 24, 2011, U.S.Citizenship and Immigration Services (USCIS) indicated the need for evidence of the status of the L-1 spouse. No evidence was provided in your response on July 20,2011, only evidence of the status of the L-2 beneficiary.

This decision may not be appealed. However, if you disagree with this decision, or if you have additional evidence that shows this decision in incorrect, you may submit a motion to reopen or a motion to reconsider by compelting a Form I-290B, Notice of Appeal or Motion......".

Now, how good are my chances to get my change of status approved if I send all the proof documents for L1? What all documents do I need to send? I have been hearing that most of the Notice of Appeal or motion is just a formality and they reject it anyways. Do I have any other option? I have a planned vacation this december to India. Can I go and get my H1B stamped in India then? Will it get approved with this denied Change of status?

Require quick guidance please!!!

[pontevecchio]

If your L2 EAD is valid till August, 2012 then you can continue in L2 status with the company and get the H1 visa and come back in H1 status in December.

[pbataby]

Thankyou pontevecchio!

I have decided to go to India, do the H1B stamping and come back in H1B status. What are all the required documents for H1B stamping? Do I need to show them the Change of Status Denial notice? Let me know if I need to have an attorney to help me in preparing all the documents.