Does anyone know how to deal with this?

I am a graduating student with I-485 pending. My status is AOS since I used AP. I will go to a university for a postdoc. I am asking the school to apply an H1B visa. The school said I only can get the H1B visa outside of US, but my attorney said that I can get it inside US. The following is the response of the school to my attorney's letter:

It is this school's position that a change of status application from within the U.S. to H-1B is NOT recommended when the underlying nonimmigrant status has been abandoned, even when someone is pending adjustment of status. Furthermore, since xxx no longer has F-1 nonimmigrant status, how would your firm recommend completing the I-129 since it is not technically a change of status application? How would you describe this type of application on the I-129 since the nonimmigrant status has been abandoned?

Look like the school doesn't know how to fill the I-129 form.

Does anyone know how to deal with this situation?

They have argued this for more than month.

Please help. Thank you so much.

所有跟帖: 

回复:I think your school is right -一曲新词酒一杯- 给 一曲新词酒一杯 发送悄悄话 (108 bytes) () 08/15/2006 postreply 18:32:43

回复:回复:I think your school is right -xiatian- 给 xiatian 发送悄悄话 (114 bytes) () 08/15/2006 postreply 18:36:27

School is right,suggest your attorney to read followed case -xiaobaitu- 给 xiaobaitu 发送悄悄话 xiaobaitu 的博客首页 (8027 bytes) () 08/15/2006 postreply 18:55:29

回复:School is right,suggest your attorney to read followed cas -xiatian- 给 xiatian 发送悄悄话 (303 bytes) () 08/15/2006 postreply 19:06:30

If you only go to Mexican city close to border,you -xiaobaitu- 给 xiaobaitu 发送悄悄话 xiaobaitu 的博客首页 (87 bytes) () 08/15/2006 postreply 19:12:12

回复:If you only go to Mexican city close to border,you -xiatian- 给 xiatian 发送悄悄话 (134 bytes) () 08/15/2006 postreply 19:17:27

回复:Xiaobaitu, could you give your suggestion on this? -xiatian- 给 xiatian 发送悄悄话 (0 bytes) () 08/15/2006 postreply 18:52:10

要么是你的律师孤陋寡闻,没有看过我上面转的BIA(移民上诉 -xiaobaitu- 给 xiaobaitu 发送悄悄话 xiaobaitu 的博客首页 (5860 bytes) () 08/15/2006 postreply 19:05:31

回复:要么是你的律师孤陋寡闻,没有看过我上面转的BIA(移民上诉 -xiatian- 给 xiatian 发送悄悄话 (252 bytes) () 08/15/2006 postreply 19:11:30

I don't think so,VO can't refuse a H1 application due -xiaobaitu- 给 xiaobaitu 发送悄悄话 xiaobaitu 的博客首页 (24 bytes) () 08/15/2006 postreply 19:14:16

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