Legal Question in Immigration Law in California

I am in US on L1. My h1 petition is in RFE stage currently. I wanted to know that do I have to go for COS seperately after H1 approval or that is automatic. I have ask several lawayers and got confused with their response.


Asked on 12/06/10, 4:07 pm

2 Answers from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

The H1B petition should be approved and you should also be granted change of status as well by the USCIS if the employer requested "change of status" on Form I-129 (H1B petition).

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Answered on 12/11/10, 7:28 pm
Andrew Harrell W. Andrew Harrell, Attorney at Law

The question is a bit confusing, as well as the above answer. There has been a Request for Evidence. This needs to be addressed before either the petition is approved or the change of status. There is an urgency to comply with the RFE or the petition will not be approved. The issues surrounding RFE's are usually factual in nature, not legal. I am puzzled why any experienced immigration lawyer handling this would be unable to explain to you what is going on. I wonder, as well, is your employer with whom you have the L visa doing the H petition?

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Answered on 12/16/10, 10:33 am


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