My I129 got approved. But my COS got rejected. The reason given by USCIS for rejection is invalid. They have said my H4 visa and I94 got invalid in Aug 2013. But it seems like a misunderstanding of the handwriting on my I94. I checked the online I94 and found it is valid till 2015. Could you please let me know how to deal with this situation? Do I need to file H1b amendment with COS ? How much time will it take?
Very simple: retain an experienced counsel to assess the denial and offer a working legal solution.
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Decisions to change status or not are discretionary on the part of the Service - they can't really be appealed, though you can file a motion to reconsider. This would be expensive and time consuming, and still may not result in the outcome you are seeking.
Simply going abroad to obtain the stamp and returning may in fact be your best/quickest option, as frustrating, expensive and inconvenient as that would be.
Speak with an immigration attorney for further guidance.
Your best bet now is to consult with an immigration attorney. He/She would probably be able to point out the simple clerical error, if that is indeed what it is and what the basis for the denial is, and are more likely to be able to remedy the situation than you on your own would be, wouldn't you agree?
This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.
In most cases the approval comes on a form I-797 without reasons for COS denial. Do you have a copy of the denial? I would take it to an attorney for review and advice.
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.
File a motion to reconsider. And check what you put on the I-129H, if you indicated that the I-94 expired in August, then you may be stuck and should try to consular process.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
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