I am on H4 currently. My company filed for H1 and it got approved but they forgot to file for change of status. Now can I file for change of status separately or do I need to go out of country and get stamped. If COS can be filed separately what will be the cost and also the cost of premium processing for the same?
You are making a mistake: Avvo is not a designated counsel of record for your pending immigrant visa case.
I assume you have been sponsored by a U.S. company. I assume for your skills and potential. Also, I venture to guess that company assigned a counsel to handle your immigrant visa case. Talk to that professional.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois
Your employer is obligated to pay all costs involved in getting you H-1B status.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
If a company "overlooks" to seek a benefit which should have been sought or is normally sought, you may want to think twice before relying on what they say. Retain an independent counsel to talk you through the right approach. Good luck!
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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