H1b Approved but Change of status denied. ( counselor processing required for new visa)
Reason: Out-of-Status before filing H1b petition.
collages says my SEVIS is active
My education Background
University A = master in computer science
and participated 12 months OPT approved
next
University B = master in IT management
Day 1 CPT applied
now in Cap-Gap and applied for Master in Business ( waiting for admit).
IN Approval Notice i-797b:
" The above petition has been approved for the classification requested. However, the status previously accorded the worker(s) had expired before this petition was filed. Therefore, the worker(s) were out of status when this petition was filed. Thus, the worker(s) are not eligible for the requested change of status. Accordingly, the request for a change of status is denied. There is no appeal from the decision denying the requested change of status.
Even though the worker(s) are ineligible for a change of status, they may depart the United States and apply for the proper visa at a consulate abroad. Then they may apply at a port of entry to reenter the U.S. based on that new visa. The petitioner should keep the upper portion of this notice and forward the lower portion to the worker(s) for presentation at the U.S. Consulate.
To speed this process, we have sent notification of the approval of the classification to the consulate listed above. If you have any questions about visa issuance, please contact the consulate directly. "
I am not sure why i-797b says that i am out of status
collage DSO says SEVIS is active
Can i go to Canada for first time stamping
what are the possible question i can come across regarding change of status denied (Out-of-Status before filing H1b petition.)
can i stay in USA on f1 till i plan to go for stamping or i should leave immediately.
Please suggest what are the chances of getting visa at embassy counselor processing required for new visa.
is any one facing same issue
or
any one went through same issue plez share your experience
Reason: Out-of-Status before filing H1b petition.
collages says my SEVIS is active
My education Background
University A = master in computer science
and participated 12 months OPT approved
next
University B = master in IT management
Day 1 CPT applied
now in Cap-Gap and applied for Master in Business ( waiting for admit).
IN Approval Notice i-797b:
" The above petition has been approved for the classification requested. However, the status previously accorded the worker(s) had expired before this petition was filed. Therefore, the worker(s) were out of status when this petition was filed. Thus, the worker(s) are not eligible for the requested change of status. Accordingly, the request for a change of status is denied. There is no appeal from the decision denying the requested change of status.
Even though the worker(s) are ineligible for a change of status, they may depart the United States and apply for the proper visa at a consulate abroad. Then they may apply at a port of entry to reenter the U.S. based on that new visa. The petitioner should keep the upper portion of this notice and forward the lower portion to the worker(s) for presentation at the U.S. Consulate.
To speed this process, we have sent notification of the approval of the classification to the consulate listed above. If you have any questions about visa issuance, please contact the consulate directly. "
I am not sure why i-797b says that i am out of status
collage DSO says SEVIS is active
Can i go to Canada for first time stamping
what are the possible question i can come across regarding change of status denied (Out-of-Status before filing H1b petition.)
can i stay in USA on f1 till i plan to go for stamping or i should leave immediately.
Please suggest what are the chances of getting visa at embassy counselor processing required for new visa.
is any one facing same issue
or
any one went through same issue plez share your experience
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