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H1B Approved but change of status denied

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  • H1B Approved but change of status denied

    Hello,

    My backgroud:

    1. Completed a masters degree in US. Worked on OPT for one year.
    2. Before expiration of OPT, Applied for second masters and started working on CPT.
    3. Applied for H1B in April 2013. H1B Approved till Sep 2015 but Change of status request is denied.
    4. Currently working on CPT. Will graduate in May 2014.

    Following is stated in the I-797B.
    Even though the named worker is ineligible for change of status, they may depart the US and apply for the proper visa at a consulate abroad.[/B]


    My Questions;

    1. Instead of travelling out of the country now, if I go for stamping in December, will my H1B be still valid? (as it is approved till Sep. 2015)
    2. Can I keep working on CPT till May 2013 on F1 status?

    Your guidance is really appreciated.

    Thanks,

    Akhilesh

  • #2
    You are clearly considered to be out of status. Did they send any specific RFE about your CPT?
    This is my opinion and not legal advice.

    Comment


    • #3
      Hello Akhilesh,

      Do you mind sharing your contact information. My wife also got COS denied and is almost 90% in similar situation as yours and I wanted to know as what you found ?

      If you dont mind feel free to contact me on 213-321-5561 so that we can share our information.

      Thanks,

      Pratik

      Comment


      • #4
        H1 approved change of status denied

        My backgroud:

        1. Completed a masters degree in US. Worked on OPT for one year.My OPT extension got denied due to missing signature.Filed I290b and motion was denied
        2. Went to mexico with a new I20 to reinstate my sevis and came back on F1 status and started working on CPT
        3. Applied for H1B in April 2013. H1B Approved till August 2016 but Change of status request is denied.
        4. Currently working on CPT. Will graduate in May 2014.

        Following is stated in the I-797B.
        Even though the named worker is ineligible for change of status, they may depart the US and apply for the proper visa at a consulate abroad.[/B]


        My Questions;

        1. Instead of travelling out of the country now, if I go for stamping in December, will my H1B be still valid? (as it is approved till Sep. 2016)
        2. Can I keep working on CPT till May 2013 on F1 status?
        3.Can i go for stamping to Canada.

        Your guidance is really appreciated.

        Thanks,

        Comment


        • #5
          Hi there...I am in similar situation...My H1B is approved starting from Oct 1st 2014...But Change of Status from F1 to H1B denied due to CPT...
          I would like to know what was your approach..How you reacted?...Did you leave USA for H1B stamping and if yes when (before H1B start date or after that)?..
          Please advise me..I am in big trouble right now...Thank You..Regards....

          Comment

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