H1 Transfer converted from Consular Processing to Change/Extension of Status.

March 22 2016 – We are proud to announce that after a strategic approach, we have successfully reversed a partial denial on an H1B transfer to a change/extension of status.

Facts: Client came to see us stating that his lawyer got him an H1B change of employment but unfortunately was unable to get him an extension of status because USCIS believed he fell out of status. While it is frequent to get such sort of approval, in this case because Client’s lawyer mistakenly did not file the extension and his amendment in the right way, USCIS only partially approved the change of employment refusing categorically to accept the extension of status.  His lawyer tried to again to get an extension of status but it was denied again by the USCIS.

Our approach: We took the case and contacted the representatives and ultimately re-negotiated with USCIS and guided the client. Finally after one month, Client case was reversed without an appeal and obtain a new approval with H1B visa extension of status. This means that the Client does not have to leave to obtain a stamp on his passport and avoided a Consular processing. When Client’s company learned about our approach, they retained us for all their new cases.

Congratulations to Shah Peerally  and the team for successfully handling this delicate case.

Note that if you are filing for an H1B transfer, make sure that you did not fall out of status, otherwise the USCIS might not give you a change or extension of status. If you are in a similar situation and believe you were wrongfully denied change or extension of status, please call us at (510) 742 5887