H4 to H1 problem due to wrong filing


erikson81

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hello i m going to join a medicine residency program and the program sponsors h1b. i m on H4. i went to the university lawyer and told him that im flying to india and would return after getting my h1b visa stamped.

the lawyer filed my petition and i came to know he apparently filed saying status change while in united states.....when im in india...so therefore the petition got stuck. lawyer asked me to wait for 2 weeks.

what can be done???? its not my fault.....plz help me

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thx pontecchio for replying but my case has been filed under premium processing...

the online website tracking shows ..."more evidence required"

i saw the I-129 form which the attorney fills...n it has seperate columns for whther status change within united states....or the beneficiary will get visa stamped...so i guess the wrong option was selected.....

i m in a limbo...

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"has seperate columns for whther status change within united states....or the beneficiary will get visa stamped"

It does not matter. If you are not in the country the petition will be approved for CP. The delay has no connection to your trip abroad. Talk to your Program Director and you may have to forgo vacation time if there is a delay.

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@ge145- yes RFE has been issued....im not sure what...they want now

@pontevecchio- thx...i m praying there should be no delay...

thank u both for replying...i really appreciate it. i m waiting to hear from the lawyer...will update and ask my queries...god bless u..

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