Hi,
I am currently on F1 (OPT) which will expire on June 29, 2011.
My company filed an H1B petition in February 2011 but since the visa quota got over, I couldnt get the visa. Apparently I did not know that they had filed. I only knew that they couldnt file because the quota got over.
Hence, I made a trip to India in March and returned in the last week of March 2011. I thought I knew that the rule states that if I leave the country while the visa application has been filed, then the visa application gets abandoned.
I believe the miscommunication that happened earlier in February has now got me into trouble.
Now the lawyer got back to me with the I-797 C which clearly states
"It has been determined that the named worker(s) are not eligible for the requested change of status"
In this circumstance, I believe the lawyer is mentioning something about a motion to reconsider or something similar. However, I am not confident if that is the correct path. Please advise.
Also, I am not sure what are the possible ramifications of this I-797C. [LIST=1]
Please advise soon !
Thanks
I am currently on F1 (OPT) which will expire on June 29, 2011.
My company filed an H1B petition in February 2011 but since the visa quota got over, I couldnt get the visa. Apparently I did not know that they had filed. I only knew that they couldnt file because the quota got over.
Hence, I made a trip to India in March and returned in the last week of March 2011. I thought I knew that the rule states that if I leave the country while the visa application has been filed, then the visa application gets abandoned.
I believe the miscommunication that happened earlier in February has now got me into trouble.
Now the lawyer got back to me with the I-797 C which clearly states
"It has been determined that the named worker(s) are not eligible for the requested change of status"
In this circumstance, I believe the lawyer is mentioning something about a motion to reconsider or something similar. However, I am not confident if that is the correct path. Please advise.
Also, I am not sure what are the possible ramifications of this I-797C. [LIST=1]
- Do I have to back in June 2011 and return in October 2011 ?
- Is there something legal that I can pursue to get this corrected ?
- Would my cap gap I-20 be issued or not ?
Please advise soon !
Thanks
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