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H1B stamping RFE

Columbus, OH |

Hello AlI,
I applied for H1B last year 2013 and when it was in process I had an emergency and I had to travel back to India and later my petition was approved, I went for H1B stamping in India on Oct 2013 and got an RFE, My wife got an opportunity in USA and I accompanied her after consulting attorney as he says I can travel on my existing H4, at present I am in USA. Now is it possible to change my status to H1B for which I got RFE during stamping. or do I have any options to get my H1B. when I check my status in USCIS website it says my status is on "Post Decision Activity.
Thank You

Attorney Answers 3


Why don't you ask that attorney to now lead you out of this predicament?

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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Ravi- if you are now in the US, your employer can file another H1 for you and ask for a I-94 as a transfer case. It should go through. Once it is approved you can have the employer withdraw the previous petition.

The advice suggested here is for general information only and not to be construed as legal advice.

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You should take the RFE to you our employer's attorney and discussed the option of filing a change of status in United States based on the previously approved H1B or possibly refiling for H1B at this time.

Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.

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