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H1B Extension Approved with Consular Processing- Notice says COS but it's not COS

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  • H1B Extension Approved with Consular Processing- Notice says COS but it's not COS

    Hello,

    My H1B Extension has been Approved with Consular Processing, My case is straight forward H1B to H1B extension(4th extension), but the I-797B notice says 'It has been determined that the named worker(s) are not eligible for the requested change of status'.

    My current H1B is valid till Mid-February.
    I need to depart the US and apply for Visa at consulate abroad.

    If anyone gone through this situation, please post you experience.

    Also mentioned in the Approval Notice is that " If the worker apply for a visa at a consulate other than listed(Mumbai), the
    petitioner should file Form I-824, application for action on an approved application or petition, to request us to notify
    the new consulate". Wanted to know can I go for visa stamping to Canada or Mexico without filing I-824. I asked my attorney
    He said there is no need to apply for I-824, I can go to any Third country(canada/mexico). If someone know please shed
    some light on this.


    Thanks,
    Resham

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