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F1 to H1-B Approval notice email has I-94 attached but I-797B has COS denied.

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  • F1 to H1-B Approval notice email has I-94 attached but I-797B has COS denied.

    I am currently on F-1 Visa and pursuing Doctoral Degree in Information Technology in University of Northern Virginia. Recently I applied for H1-B on June 8th 2012 through Feather **** **** **** Inc. I received a RFE on June 19th to provide for evidence in regards to accreditation status of UNVA. For which my attorney submitted my Bachelors Degree evaluation Report for the RFE on July 19th. On July 30th i received the attached approval notice email from the attroney.

    The Vermont Service Center has approved the following I-129 Petition for Nonimmigrant Worker that had
    been filed under the Premium Processing Service:

    Receipt Number: EAC123456789
    Petitioner: YYYY ZZZ YYYY YYYY YYYY INC

    Beneficiary: YYYY YYYY YYYY YYYY YYYY
    DOB: 01/02/XX
    Classification: H1B
    Starting Validity Date: 10/01/12
    Ending Validity Date: 09/30/15
    Consulate notified (if applicable): HYDERABAD
    I-94 # (if applicable): 123456789(same as my current I-94 on my passport)

    But My I-797C says that H1-B was approved but change of status was denied. Reeived I797B yesterday but no reasons have been attached to the notice.

    Following is my case,
    1. I first entered into US on F-1 visa in Jan 2007, to pursue Masters in Computer Science in New Jersey Institute Of Technology University. F-1 Visa was valid till Dec' 2012.
    2. In Oct 2007 I transferred to University of Northern Virginia to continue my Master in Computer Science. University of Northern Virginia was Accredited when i joined the university in 2007.
    3. In Oct 2007 I applied for Curriculum Practical Training and ended it within 11 months 20 days i.e in Sept 2008.
    4. In Oct 2008 I registered for courses for FALL 2008 term, i.e Oct, Nov and Dec and left to my home country Abruptly and dint come back leaving my education in the middle and in its last semester.
    5. In 2009, I damaged my passport with the valid F-1 visa and applied for a new one in my home country - INDIA.
    6. In 2010 Dec, I applied for F-1 visa again to pursue my unfinished Masters Degree in Computer Science in University of Northern Virginia and I was accepted and F-1 visa was granted to finish my Masters Degree. F-1 Visa was valid till 09 Dec 2015.
    7. In 2011 Jan 4th, I entered US on F-1 visa to pursue and finish my remaining Masters Program in University of Northern Virginia and graduated in March 2011. At this point of time UNVA lost its accreditation.
    8. I was not granted OPT since I did not meet the OPT requirements though i graduated in Masters Program with 3.5 gpa and I applied for Phd Program in Information Technology for Apr 2011 term.
    9. In 2011 Apr, I Started pursuing my Doctorate In Information technology in University of Northern Virginia.
    10. In Apr 2011 I applied for Curriculum Practical Training(Full Time) and worked from May to July 2011.
    11. In Apr 2012 I applied for Curriculum Practical Training(Part Time) and working till date. And current CPT Authorization (Part Time) will be valid till Oct 4th 2012.
    12. On June 7th my employer Feather **** **** **** Inc applied for my H1-B with Change of Status for Specialty Occupation category with Masters Degree from UNVA. The packet was received on June 8th 2012 by USCIS. It was premium processing application.
    13. June 19th we received an RFE(attached) from USCIS in regards to the accreditation of UNVA In response my attorney decided to reply with Bachelors Degree Evaluation Report, which was submitted on July 19th 2012.
    14. July 30th I have received the approval email notice which said that my H1-B was approved for 3 years from Oct 1st 2012 to Sept 30th 2012. But Consulate Notified was HYDERABAD, INDIA and I-94 was same as I was initially issued on my arrival to US on Jan 2011.
    15. Aug 9th I received my I-797C(attached) from my employer, which said that my H1-B was approved but my change Of Status was not approved.

    Following are my questions,
    1. Since my Change of Status was not approved, would I be out of status at any point of time even when my current F-1 status and I-94 are still valid and in status ?
    2. What are my options at this point ? Do i have to leave the country immediately and return to my home country ?
    3. Can i continue my education and continue my Doctoral Program on my current status ?
    4. Does this all mean that my Masters Degree from UNVA did not hold any good in my current H1-B process ? When i started my masters program UNVA was accredited, wouldn't that implicate my degree was genuine ?
    5. Does my Doctoral Program from UNVA hold any immigration value ? Would I be able to apply for Green card under EB-1 category if I graduate with Doctoral Degree from UNVA ?
    6. If I pursue another Masters Program from another Accredited university would i be eligible for OPT program then ? and Can i apply for H1-B under Specialty Occupation with the new Accredited University degree ?
    7. At any point in the near future while I am still on F-1 Visa and continue my education, if I leave to my home country, will this H-1B COS decline have any impact on my i-94 ? will i loose my I-94 or status ? Will i still be able to re-enter US on my F-1 visa and status ?
    8. Can I cancel my H1-B approval and choose to stay in my current F-1 Visa status ?
    9. A past time Masters Degree from a accredited university hold any value ?
    10. In My I 797C it is mentioned that Consulate notified as Hyderabad.Do I have option to visit any other consulate in Canada or India for H1b Visa stamping.
    11. If I visit Consulate for h1b stamping and in case my visa was not approved can I still come back to US with F-1 visa.

    Thanks For you valuable suggestions and Help

  • #2
    What does the text part of the approval notice state? Does it state that change of status is approved/denied? Having an I-94 means nothing if the COS is denied. You will need to leave the US before your current status expires and you will not be able to start working in H1 status.
    I think you are confusing all the notices. 797c should be a receipt or a denial and not an approval.
    Your Master's degree from UNVA is not worth anything, it cannot be used for any immigration benefits. Same with Doctoral degree.
    If you have already received OPT for your previous Master's you cannot get another OPT for the same degree level.
    Last edited by kabkaba; 08-17-2012, 03:21 PM.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by kabkaba View Post
      What does the text part of the approval notice state? Does it state that change of status is approved/denied? Having an I-94 means nothing if the COS is denied. You will need to leave the US before your current status expires and you will not be able to start working in H1 status.
      I think you are confusing all the notices. 797c should be a receipt or a denial and not an approval.
      Your Master's degree from UNVA is not worth anything, it cannot be used for any immigration benefits. Same with Doctoral degree.
      If you have already received OPT for your previous Master's you cannot get another OPT for the same degree level.
      Thanks alot for you valuable input KABKABA. The text part in the I797B says that named worker is ineligible for Change of Status. And reasons for the denial will be mailed to the representative in a separate mail. I am continuing student and currently my student visa is valid till Dec 2015 and there is no expiration date on my I94 and Doctoral I20 has Dec 2014 as the duration of study. I dint apply or use OPT for my masters degree, i just continued into doctoral program from the very next sem i finished my masters.
      Does USCIS send us a mail explaining the reasons for the denial of I 129 petition ? how long would it take to receive the mail explaining the reasons ? I would appreciate if you could give me some info on this.

      Comment


      • #4
        Most likely the change of status part is denied because USCIS thinks you are currently (or in the past) not maintaining your F1 status. Are you involved in CPT at UNVA? Do you regularly attend classes on campus? Does your employer have co-op aggreement with UNVA? If for any of these reasons you are currently deemed out of status, you will not be able to change or extend status within the US. You will need to leave the US. Consult an experienced attorney of your own to better understand your options.
        Your employer's attorney should receive the notice of action very soon.
        This is my opinion and not legal advice.

        Comment


        • #5
          Latest update requested from Manikant Reddy

          Hi Manikant,

          We seem to be riding the same boat. My H1 got approved, but the change of status is denied. USCIS has asked me to go to Chennai consulate and get the Visa stamped. They have allegded that I have not maintained my F-1 visa.

          We filed for a Motion to reopen/reconsider. However me and my attorney both are clueless of what has happened. We haven't heard from USCIS yet since for an MTR there is no receipt number generated.

          I want to know what step have you taken after August 2012.
          Have you gone out of country to get your Visa stamped.

          Let me know so that I can also decide what action is best for me right now.

          Thanks
          M_J

          Comment


          • #6
            If USCIS has determined that you have not maintained your status, filing a motion to reopen in itself does not grant you any legal status (unlike a pending petition). So if motion is denied all the time that you spent in the US since your last legal status ended will be considered illegal.
            If you are not satisfied with your employer's attorney, you can consult an experienced attorney of your own who can protect your interests.
            This is my opinion and not legal advice.

            Comment


            • #7
              Originally posted by kabkaba View Post
              If USCIS has determined that you have not maintained your status, filing a motion to reopen in itself does not grant you any legal status (unlike a pending petition). So if motion is denied all the time that you spent in the US since your last legal status ended will be considered illegal.
              If you are not satisfied with your employer's attorney, you can consult an experienced attorney of your own who can protect your interests.
              Hi kabkaba,

              Thanks for replying. I am waiting in US for the approval of my H1 change of status. I filed I290 B (Appeal to commissioner) on 31st July.I have an approved H1 visa I have many question in this regard. Could you please help me get answers?
              My data :
              My nationality : Indian
              Present status : F-1 (last semester ended on 30 th September 2012: OPT application is pending with USCIS.
              Visa in which entered US : H4--always stayed within US..only one entry in US in June 2009 on H4 visa. hanged to F-1 visa staying within the country
              Marital status : married with two kids ,both 20 months. Kids are american citizens, However they don't have an American passport and consequently Indian visa.


              My questions:

              1. My OPT receipt notice is still under 'initial review'. I am planning to apply for F1 to H4 change of status so that I don't go out of status. How soon will you suggest to apply that keeping in mind that all my courses are now complete and so I have not enrolled for the present semester. The last semester in which I enrolled ended 30th september.

              2. Can I work on OPT card (if that comes) with my visa status as H4?

              3. Will I be able to apply for STEM if the ans to 2. is a yes?

              4. When can I expect a reply from USCIS for my Appeal-I 290 B. It was recieved by thier office on 31st July?

              5. Would you suggest me to go to the Chennai consulate to get my H1 visa stamped? DO you know the decision of any such case?

              6. In case they reject my H1 visa stamping, can I request for H4 application and stamping from India? Are there more chances of denial or approval. Since I have very small kids who are american citizens and they don't have a passport, can I request my application for H4 approved on humanitarian grounds?

              7. If I have applied for OPT and the application is still pending,however I am no longer an enrolled student. and I don't change my stsus from F1 to h4 , I am still in status?

              Your timely reply is greatly appreciated.

              thanks
              M_J

              Comment


              • #8
                Originally posted by M_J View Post
                Hi kabkaba,

                Thanks for replying. I am waiting in US for the approval of my H1 change of status. I filed I290 B (Appeal to commissioner) on 31st July.I have an approved H1 visa I have many question in this regard. Could you please help me get answers?
                My data :
                My nationality : Indian
                Present status : F-1 (last semester ended on 30 th September 2012: OPT application is pending with USCIS.
                Visa in which entered US : H4--always stayed within US..only one entry in US in June 2009 on H4 visa. hanged to F-1 visa staying within the country
                Marital status : married with two kids ,both 20 months. Kids are american citizens, However they don't have an American passport and consequently Indian visa.


                My questions:

                1. My OPT receipt notice is still under 'initial review'. I am planning to apply for F1 to H4 change of status so that I don't go out of status. How soon will you suggest to apply that keeping in mind that all my courses are now complete and so I have not enrolled for the present semester. The last semester in which I enrolled ended 30th september.

                2. Can I work on OPT card (if that comes) with my visa status as H4?

                3. Will I be able to apply for STEM if the ans to 2. is a yes?

                4. When can I expect a reply from USCIS for my Appeal-I 290 B. It was recieved by thier office on 31st July?

                5. Would you suggest me to go to the Chennai consulate to get my H1 visa stamped? DO you know the decision of any such case?

                6. In case they reject my H1 visa stamping, can I request for H4 application and stamping from India? Are there more chances of denial or approval. Since I have very small kids who are american citizens and they don't have a passport, can I request my application for H4 approved on humanitarian grounds?

                7. If I have applied for OPT and the application is still pending,however I am no longer an enrolled student. and I don't change my stsus from F1 to h4 , I am still in status?

                Your timely reply is greatly appreciated.

                thanks
                M_J

                First of all don't confuse Visa, petition and status. The three are different things.

                When was the H1 petition filed? What was the decision? What do you mean by having H1 Visa approved? You clearly don't have an H1 Visa since you have not left the US since arriving in H4 status. Was the petition denied? Was it approved but change of status denied? Was the H1 petition filed with or without change of status?
                This is my opinion and not legal advice.

                Comment


                • #9
                  Originally posted by kabkaba View Post
                  First of all don't confuse Visa, petition and status. The three are different things.

                  When was the H1 petition filed? What was the decision? What do you mean by having H1 Visa approved? You clearly don't have an H1 Visa since you have not left the US since arriving in H4 status. Was the petition denied? Was it approved but change of status denied? Was the H1 petition filed with or without change of status?
                  1. H1 petition was filed on 9 April 2012.
                  2. I received an RFE.
                  3. We responded to the RFE with all the evidence that was asked for.
                  4. We received approval notice I-797( Approval notice) without I-94
                  5. In I-797B itself stated ...."....It has been determined that the names worker(s) are not eligible for the requested change of status..."
                  6.I 290 B was filed on July 31 2012 and it is still under initial review.

                  Comment


                  • #10
                    You clearly have bigger problems than OPT and F1. Why was it determined that you are not eligible for change of status? What was asked for in the RFE? Does that mean your currently out of status? If that is the case, you will of course not get OPT since your F1 status itself is invalid. Consult an experienced immigration attorney of your own (different from your H1 employer's attorney).
                    Last edited by kabkaba; 10-12-2012, 08:29 AM.
                    This is my opinion and not legal advice.

                    Comment

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