H1B approved with COS denial

[richa]

Hi All,

 

I am on H4 visa and my Employer "A" had filed H1B Petition on my behalf in April 2013. In may 2013 i travelled to USVI with my husband (on valid H1B visa) for 4 days. I was issued a new I-94 by the immigration officer at USVI airport while traveling back to NJ with my prev I-94 still attached to the passport and my husband's I-94 did not change.

In November my petitioner received I-797B approval notice from USCIS which is valid till 2016 but change of status portion of the application was denied due to USVI visit in May.  

 

My petitioner has advised to do a stamping from India as suggested in I-797B notice to gain H1B status . Please advise if this is the right thing to do and in worst case i should be able to re-enter US with H4 status?

Also how tuff is it to clear the consulate interview in such cases?

 

Thanks!

[jairichi]

Hi All,

 

I am on H4 visa and my Employer "A" had filed H1B Petition on my behalf in April 2013. In may 2013 i travelled to USVI with my husband (on valid H1B visa) for 4 days. I was issued a new I-94 by the immigration officer at USVI airport while traveling back to NJ with my prev I-94 still attached to the passport and my husband's I-94 did not change.

In November my petitioner received I-797B approval notice from USCIS which is valid till 2016 but change of status portion of the application was denied due to USVI visit in May.  

 

My petitioner has advised to do a stamping from India as suggested in I-797B notice to gain H1B status . Please advise if this is the right thing to do and in worst case i should be able to re-enter US with H4 status?

Also how tuff is it to clear the consulate interview in such cases?

 

Thanks!

Getting a H1B visa stamping depends on documentation, your employer's and your's credentials. If denied then you can enter US with a valid H4 visa and a copy of your spouse's I797.