Change of status from H4 to H1 got DENIED

[bssku]

Hello!

 

Initially in the year 2014 quota the H1B petition was approved and also got my H1B visa stamped (Chennai Consulate, INDIA) in OCT 2014 but didn't travel to USA.

 

Later this year (2015), travelled to US on H4 as dependent in the month of July 2015. After coming here, applied for change of status from H4 to H1 from the same employer, same client and for the same work location but change of status got DENIED.

 

How can the COS be done now? Any options? Any suggestions.

 

NOTE - H4 Visa stamping was done on June 2015 however H1 visa was not cancelled on my passport.

 

Hoping to receive a positive response.

 

Thank you!

[jairichi]

Exit and enter IS with a valid H1B visa and I797. Any idea why your COS was denied?

[rahul412]

Cross the border and enter with H1 status.

[bssku]

Thanks for you your response.

 

The denial notice says, "The employment offer letter to the beneficiary does not establish a specific project that would support the employment of the beneficiary for the requested validity period".

 

I need few clarifications

 

1. I had applied for COS on the approved petition. However on the same approved petition they have denied the COS with above reason. Now if I cross the border and enter, do I need to go for visa stamping again?

 

2. Is my H1b stamping done in Oct 2014 still valid as I got my h4 stamping done in June 2015?

 

3. Can I get the COS done without travelling out of US from a new employer?

 

4. If the new employer gives all the valid documents supporting the job/project, will the previous denial notice affect in any ways?

 

Thank you

[bssku]

Thanks for you your response.

 

The denial notice says, "The employment offer letter to the beneficiary does not establish a specific project that would support the employment of the beneficiary for the requested validity period".

 

I need few clarifications

 

1. I had applied for COS on the approved petition. However on the same approved petition they have denied the COS with above reason. Now if I cross the border and enter, do I need to go for visa stamping again?

 

2. Is my H1b stamping done in Oct 2014 still valid as I got my h4 stamping done in June 2015?

 

3. Can I get the COS done without travelling out of US from a new employer?

 

4. If the new employer gives all the valid documents supporting the job/project, will the previous denial notice affect in any ways?

 

Thank you

[rahul412]

You need to cross the border and enter on H1 status, so if you don't have H1 visa then you should attend the interview.