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H1 approved but change of status denied and f1 expired

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  • H1 approved but change of status denied and f1 expired

    June 2013: Came to US for Masters
    May 2015: Graduated and started working on OPT in same field for a company
    April 2017: Same company applied for H1
    May 2017: Left the country and came back on F1(GOT new I-94) during H1 processing
    June 2017: Got H1 approval notice along with change of status denied notice

    I was told that my F1 status will continue as my change of status was denied and I can go for stamping before my I-94 expires [Expiry: D/S (Duration of Stay)]

    Nov 2017: Called my college to verify my status and was informed that my student sevis is closed.

    So I have reason to believe that I'm out of status. I have my H1 originals (received I-797B) with me and will scheduled next available appointment with consulate in my home country (India). Start date on I-797B is Oct 1, 2017

    Am I out of status?
    What can I expect at my interview?
    What are my chances for approval?
    Can I come back atleast on F1 as my OPT expires in June 2018?

  • #2
    You shouldn't be out of status as long as you haven't violated the terms of OPT (e.g. no more than 120 days of no work since you have STEM extension, etc.).

    There is no reason for your visa to not be approved.

    If they don't cancel your F1 visa as part of the H1b visa application, you can come back on it.

    This is my personal opinion and is not to be construed as legal advice.

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