Form I-129 Denied.

[babariyachirag]

Dear All,

i got my master 2 years ago, i was on OPT till last month.My employer filled a h1b visa last month.but we got some trouble here with USCIS regarding the change of status. we got H1B Approved last week. and we received I-797. and also got a lettere from USCIS Regarding for I-129. IT SAYS "THE PORTION OF THE PETITION REQUESTIN A CHANGE OF STATUS FOR THE ALIEN IS NOW BEING DENIED FOR THE FOLLOWING REASON"
THE REASON THEY SAYS IS : SEVIS does not include a record for the beneficiary at My university.

I talk to my university and they are saying my status is active. and the big problem is i am going to india next month. what should i have to do. do my employer need to file I-129 again with the new I-20 my university is ready to give me.

Please help me out.

thanks in advance for your reply.


Regards,

NILESH PATEL

[kabkaba]

Has the petition been approved and only the change of status part got denied?
If the petition was filed correctly with correct SEVIS, I-94 information and if the DSO is certain that your SEVIS record is active, they should be able to successfully appeal the denial.
When does your OPT end? If the petition is approved (but without change of status), then you can also leave the US, obtain an H1 Visa and return. You can do this anytime before your OPT ends.

[babariyachirag]

Has the petition been approved and only the change of status part got denied?

yes petition has been approved but the change of status get denied.

If the petition was filed correctly with correct SEVIS, I-94 information and if the DSO is certain that your SEVIS record is active, they should be able to successfully appeal the denial.

my record to my university is still active and i am on F1 visa right now because my H1B start from 27december.
When does your OPT end?

my OPT Ends on June-2012. is it possible to cancel this H1B approved and apply next year. so i can come back on F1 visa again.

If the petition is approved (but without change of status), then you can also leave the US, obtain an H1 Visa and return. You can do this anytime before your OPT ends.
__________________

[kabkaba]

Since the change of status has been denied and you want to stay in F1 status anyway. There is nothing that needs to be done about the H1. The petition will remain valid.
But, it should be a concern for you that for some reason USCIS thinks that your SEVIS is not active. Have you gotten a written (or email) confirmation from your school's DSO that your SEVIS records is active? Have your reported all employment to them, not been unemployed for more than 90 days and working in your field of study?

[bineshasok]

what was your online status?

Dear All,

i got my master 2 years ago, i was on OPT till last month.My employer filled a h1b visa last month.but we got some trouble here with USCIS regarding the change of status. we got H1B Approved last week. and we received I-797. and also got a lettere from USCIS Regarding for I-129. IT SAYS "THE PORTION OF THE PETITION REQUESTIN A CHANGE OF STATUS FOR THE ALIEN IS NOW BEING DENIED FOR THE FOLLOWING REASON"
THE REASON THEY SAYS IS : SEVIS does not include a record for the beneficiary at My university.

I talk to my university and they are saying my status is active. and the big problem is i am going to india next month. what should i have to do. do my employer need to file I-129 again with the new I-20 my university is ready to give me.

Please help me out.

thanks in advance for your reply.


Regards,

NILESH PATEL

can you please tell me what your online portal said when your i129 was denied but h1b approved?