Rejection of COS while H1 transfer was through

[AdviceSeeker]

Hi,
Please help me with my case.

Here is the chronology of events:

• In September I lost job as part of layoff process in my company, then I had H1.
• Soon after I put a Change of Status from H1 to L2 (as I was not aware of time frame of getting a new job, my spouse is on L1 to avoid out of status).
• I received the acknowledgment for the COS in the beginning of October.
• By end of October I got a job and my new employer applied for H1 transfer in Premium mode - while applying for transfer he mentioned about the COS and also the acknowledgment was attached.
• My Visa transfer process was done successfully by 1st week of November
• My spouse traveled out of country as my H1 was through and returned by end of December
• Now in January I received denial of COS, and the reason I was given was spouse not in Country. It also mentioned that as I was out of job in September and as my spouse is out of Country, I do not have rights to stay back.

Our concern is ---

1. When we had mentioned about the COS process in the H1 transfer and when H1 transfer was through, why did I receive the denial of COS(I did not even receive Request for Evidence/proof)?
2. Am I out of status now?
3. Also do I have to get in touch with USCIS for this to explain them about my successful H1 transfer?
4. What should be my next step?

Thanks in Advance,
Advice seeker

[orion]

Get in touch with USCIS to know your current status. From your post, my instinct says you are fine b'coz you were on H1 --> COS denied --> means that you are still on H1 ---> H1 transfer successful ---> means you are back in status with approved petition from new employer. Holla!

But, I would strongly recommend getting in touch with USCIS to confirm if everything is fine and alright.

*** NO LEGAL ADVICE, USE AT YOUR OWN RISK ***

[AdviceSeeker]

Hi,
Thanks for the advice, it really cheered me up.

But I have 1 more serious doubt:
My COS was denied without any RFE (Request for Further Evidence).
Since this is not like RFE, how can we respond to USCIS (in this case it’s the denial of the case itself).

Is there a way in which we can appeal/provide more info when its denied?

Or is there a way in which we can contact them to know exact status?

Thanks in Advance