H1B approved but Change of Status Denied


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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!!!

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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.

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