anshulg Posted April 11, 2012 Report Share Posted April 11, 2012 In August, 2011, my H1B got approved but a month later, my employer got a I-797B (Notice type - Amended Approval Notice) which stated that "I was out of status when petition was filed", therefore the change of status is not approved. I was a student eligible to work (on OPT) in USA when this petition was filed. My employer opened the case 5 months back and we have not reached a resolution yet. In early April, we got a response from Service center again saying that within 2 months, they shall respond to our case. The issue is my OPT expires in a month which will make me out of status until this issue is resolved. I would be able to stay in USA but can't work. Is there a way to expedite this process? We have tried following up with them but seems of no use. If this case does not reach a resolution before my OPT expires, is VISA stamping from India, the only way to get change of status approved? Is there a better/safer (or any other) way to handle this problem? Thank you for your help in advance, A Link to comment
mbapro Posted April 11, 2012 Report Share Posted April 11, 2012 Shouldnt you upgrade the process to Premium processing? Link to comment
anshulg Posted April 11, 2012 Author Report Share Posted April 11, 2012 Thanks for your response. If I file a new H1, then I can go for Premium Processing. But since I am waiting for a response from service center, H1 Premium processing does not come into picture. Link to comment
wiweq Posted April 11, 2012 Report Share Posted April 11, 2012 If I file a new H1, then I can go for Premium Processing. But since I am waiting for a response from service center, H1 Premium processing does not come into picture. You have wrong info. You can make your H1b processing PP in middle too. The fees for this can be paid by beneficiary too. Link to comment
anshulg Posted April 11, 2012 Author Report Share Posted April 11, 2012 May be I spoke too soon. I came to know that Premium Processing can be done on this process. Thank you for this great suggestion. Link to comment
anshulg Posted April 16, 2012 Author Report Share Posted April 16, 2012 I talked with my employer about converting this process to Premier Processing and they're not sure how to do that. They're saying that it's an error on USCIS side that's kind of separate from the H1B processing. Would anyone be able to provide any guidance to upgrade this process to premier processing? Is I-907 (Request for Premier Processing Service) form is the right way to upgrade this process? Thank you Anshul Link to comment
wiweq Posted April 18, 2012 Report Share Posted April 18, 2012 Refere an attorney to your employer. Link to comment
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