Please help me to make the right decision in the following situation.
My Scenario:
I was in L1 A status and working for employer "A" since Apr 2016. Employer "A" filed my extension of stay in June 2018.
While I was waiting for a decision, employer "B" filed L1 to H1B change of status (COS) petition in April 2019 and it got picked in the lottery. I received the notice dated 05/02/2019 in May.
On 05/22/2019 my L1A extension petition got denied and my status becomes out of status. I returned back to home country on 06/04/2019.
On 09/13/2019 I received a transfer notice and my I129 petition approved on 11/26/2019 as per the USCIS case status website. However, as per the decision noticed dated 11/29/2019 it seems COS not granted for the reason I do not maintain nonimmigrant status.
Q1. Is it possible to get visa stamped based on approved I129? or the decision letter is final and I have no option left?
Q2. If the decision letter is final and visa stamping is not possible based on approved I129, what is the probability of getting a positive decision if I go for an appeal using Form I-129B which is proposed by my employer "B"?
Ref:
Update in case status website
"On November 26, 2019, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number YYYY YYYY X. We sent you an approval notice. Please follow the instructions in the notice."
Update in the Decision letter
"Title 8 Code of Federal Regulations(8 CFR), section 248(a), provides that only an alien who is continuing to maintain nonimmigrant status may be granted a change of status. USCIS records indicate that the beneficiary departed the US on June 4, 2019. Therefore, the beneficiary was not maintaining nonimmigrant status at the time of filing the I-129 petition"
My Scenario:
I was in L1 A status and working for employer "A" since Apr 2016. Employer "A" filed my extension of stay in June 2018.
While I was waiting for a decision, employer "B" filed L1 to H1B change of status (COS) petition in April 2019 and it got picked in the lottery. I received the notice dated 05/02/2019 in May.
On 05/22/2019 my L1A extension petition got denied and my status becomes out of status. I returned back to home country on 06/04/2019.
On 09/13/2019 I received a transfer notice and my I129 petition approved on 11/26/2019 as per the USCIS case status website. However, as per the decision noticed dated 11/29/2019 it seems COS not granted for the reason I do not maintain nonimmigrant status.
Q1. Is it possible to get visa stamped based on approved I129? or the decision letter is final and I have no option left?
Q2. If the decision letter is final and visa stamping is not possible based on approved I129, what is the probability of getting a positive decision if I go for an appeal using Form I-129B which is proposed by my employer "B"?
Ref:
Update in case status website
"On November 26, 2019, we approved your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number YYYY YYYY X. We sent you an approval notice. Please follow the instructions in the notice."
Update in the Decision letter
"Title 8 Code of Federal Regulations(8 CFR), section 248(a), provides that only an alien who is continuing to maintain nonimmigrant status may be granted a change of status. USCIS records indicate that the beneficiary departed the US on June 4, 2019. Therefore, the beneficiary was not maintaining nonimmigrant status at the time of filing the I-129 petition"
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