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.
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 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?
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.
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 ?
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?
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?
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.