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On the offset, I would like to say that, I have been naive and did not realize the ramifications of immigration procedures in the US.This along with a non responsive employer, wrong advice from my school, Processing delays at USCIS landed me in this situation.I feel the whole process has been a series of bad decisions.I will try to be brief about my situation.You might encounter some immigration jargon.I apologize for that, but I can't explain my situation without using them.
In 2013,I had a h1-b(worker visa) petition approved along with COS(change of status) from f1(student visa)- h1 approved. At the same time I got admitted to a program I was really passionate about and that too at a top school.I decided that I want to go back to school and so I resigned my job and moved to a different city to take up higher education in a very reputable university.While, at the university I approached the International programs office requesting an I-20.This I did in late september, just before my h-1 came into effect.I was under the impression, since I resigned my job, my employer would revoke my h-1 and I will be on OPT(optional practical training).
I explained my situation to the school and they took their time to issue me an I-20(visa support document),this was also due to the fact, they were confused about which type of I-20 they needed to issue me.So finally, they issued me a reinstatement I-20 and I applied for reinstatement of my F-1 status in December 2013.
During this period, I accumulated out of status for 2.5 months as my COS from F-1 to H-1 came into affect OCT 1st 2013. Now USCIS replied back to me '1yr' later issuing me a notice of intent to deny.They stated that I wrongly filed for reinstatement while I should have filed for COS.They also are asking me to provide evidence that I have been maintaining status from Oct,2013 to Dec 2013,which I was not.
At this, point I feel that I am almost screwed, as there is no way I can prove I was in status.Neither did my employer inform me of my immigration responsibilities,nor did I have the foresight to expect such issues.I am planning to refile the application by applying for change of status and then writing a letter to USCIS explaining my situation.I am also planning to employ the services of an immigration attorney to deal with this situation.
At the end ,I feel that the only thing I did wrong was to underestimate the procedural issues involved with COS.I never had any bad intent, rather I gave up my H-1 b visa to get ore education,paying a fortune to my school.I hope USCIS wold consider that.I have no quals going back to my country, but I just don't want to waste all the effort I put into my degree.I have one more semester left.
In 2013,I had a h1-b(worker visa) petition approved along with COS(change of status) from f1(student visa)- h1 approved. At the same time I got admitted to a program I was really passionate about and that too at a top school.I decided that I want to go back to school and so I resigned my job and moved to a different city to take up higher education in a very reputable university.While, at the university I approached the International programs office requesting an I-20.This I did in late september, just before my h-1 came into effect.I was under the impression, since I resigned my job, my employer would revoke my h-1 and I will be on OPT(optional practical training).
I explained my situation to the school and they took their time to issue me an I-20(visa support document),this was also due to the fact, they were confused about which type of I-20 they needed to issue me.So finally, they issued me a reinstatement I-20 and I applied for reinstatement of my F-1 status in December 2013.
During this period, I accumulated out of status for 2.5 months as my COS from F-1 to H-1 came into affect OCT 1st 2013. Now USCIS replied back to me '1yr' later issuing me a notice of intent to deny.They stated that I wrongly filed for reinstatement while I should have filed for COS.They also are asking me to provide evidence that I have been maintaining status from Oct,2013 to Dec 2013,which I was not.
At this, point I feel that I am almost screwed, as there is no way I can prove I was in status.Neither did my employer inform me of my immigration responsibilities,nor did I have the foresight to expect such issues.I am planning to refile the application by applying for change of status and then writing a letter to USCIS explaining my situation.I am also planning to employ the services of an immigration attorney to deal with this situation.
At the end ,I feel that the only thing I did wrong was to underestimate the procedural issues involved with COS.I never had any bad intent, rather I gave up my H-1 b visa to get ore education,paying a fortune to my school.I hope USCIS wold consider that.I have no quals going back to my country, but I just don't want to waste all the effort I put into my degree.I have one more semester left.
