H1B Approved but change of status denied


my h1b got approved until feb 15 2019. but the change of status from f1 to h1b denied.
I have only 45 days of h1b.
I need to go for visa stamp right away. But my lawyer said if you have master’s degree you can go to visa stamp for Mexico or Canada.

Is it ok to go Mexico or Canada for stamping?

meanwhile am I “out of status” in USA?

Yes, you can go to Mexico or Canada for stamping. The risk is always there and will be there at any embassy including your own home country.

Yes, you are ‘out of status’ if your F1 validity has already expired and your change of status has been denied.

You should leave US as early as possible to avoid adding ‘Unlawful presence’ to your name.

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I heard like mexico is not accepting change of status visa’s like f1 to h1b.
is it correct ?

Not sure if they have stopped accepting applications recently.

if i will not leave USA(i don’t want h1b) .Am I still an F1 student with valid OPT? or Am i out of status?
will this effect any future h1b’s?

H1B change of status is denied but H1b approved

if your H1B change of status has been denied, then your current status (whatever it is ) is intact. If you have a valid F1 OPT, you can keep using it until it is valid.

You are ‘Out of status’ if you your current F1 or OPT has already expired.

Not using approved H1B does not affect anything

Your approved H1B will stay intact and your future H1Bs will not be affected if you do not use your current approved H1B.
Do not worry about it.

I have stem opt till jun 2019. but my lawyer said my opt no longer valid.

after my h1b approved is my sevis terminated?

what are my options?

Why is your lawyer saying that your OPT is no longer valid?
Did you ask for the reason?

I can’t really give you the answers without knowing the complete case history.

SEVIS record is normally terminated in both cases i.e. Change of status approval or Denial.

Hi Anil,

I am in the same boat my H1B got approved but my COS got denied. Can I know whether it is good to travel on September 2nd week and come on my H1B stamping?

Can I also know what are the chances of getting my H1B approval or any issues at my H1B Visa interview? Which is the best consulate to go for Stamping?

Hi @Maty_John

You can enter US only if you get a valid US embassy.

All consulates are same. I suggest to visit the consulate in your home country and which has jurisdiction of your address there.

Hi anil,

H1 approved but change of status denied.
Currently in Day 1 CPT program valid till July 2020. In this scenario do I still have to leave the states asap and get my stamping done and then come back sometime after sep 21st.

Please let me know!
Thanks in advance

Hi @Vinay499

It is up-to you. You can only work using H1B once it is approved and stamped.

Thank you for the reply.

Have a follow up question,
My current f1 visa on my passport is expired and i’m On CPT for the last two years so my question is, can I still stay till July 2020 within the states or do I have to go out of the country as soon as possible and get my stamping. I read somewhere that I have to go out before oct 1st. How true is that ?

Thanks again!

Hi @Vinay499

I do not know what you read on internet and for what situation and visa type about the Oct 1 date.
You can stay in US as long as your i94 is valid.

Thank you @Anil_Gupta

Just checked my I-94,
Found these below -

Class of admission - F1
Admit until Date - D/S
Most Recent entry - Jan 2017

Please advise!

Thank you!

I am in the same boat. i got my H1B approved but COS got denied.

On the approval receipt, USCIS mentioned that my petition is approved but the beneficiary was out of status when petition was filed.

I am assuming this is due to my CPT of more than 12 months at same education level. When i checked with my DSO, they confirmed, my F1 is still valid and they extended my CPT as well for.

As per USCIS i am out of status but as per my sevis record I am still on F1. I am confused regarding my status in the USA.

I am anyway planning to leave the country once I get my approved H1B petition copy but just confused about my current status in the USA.

Can someone please help me understand this? Also, should i expect any issues with consular processing for my approved petition?

Hi @agjhaveri

You may be asked question in your H1B visa interview about your status maintenance.

At this time you are fine if you have valid i94. Just leave whenever you get your H1b approval copy.

Thanks for the information Anil.
But I still don’t understand why would USCIS say I am out of status when my I-94 is still valid?
Also, I wanted to know who terminates Sevis? Is it DSO or USCIS?
If I am out of status, my sevis would have been terminated, right?

Hi @agjhaveri

I cannot say why USCIS has approved your application as “Consular processing”. Once you receive the approval letter, you will be able to know the reason.