H1B Change of Status Denied and haven't received my approval notice

I received a decision notice sent by mail(hard copy), USCIS mentioned that my petition is approved but the beneficiary change of status is denied. It is mentioned in the notice that is due to my CPT of more than 12 months at the same education level

The university has extended my CPT and according to the university DSO, the F1 status is still active in the SEVIS.

I am planning to leave the country once I get my approved H1B petition notice. It’s going to be 2 months and I still haven’t recieved my approval H1B notice for the consular processing. It is not premium processing. Would you know how long(Estimated timelines) does it take to get the approval notice or what can be done to expedite the process?

Thank you for your help.

Hi @dave2sol

You should contact USCIS as the approval notice usually only takes about 1 to 4 weeks to arrive. It is possible that USCIS has sent it but it has been misplaced by USPS.

Hi Anil,

Thanks for the update. Called up the information center, they said the status on the system shows denial but they do not have access to the content of decision letter when I explained the denial relating to the change of status, I did read out the what was stated in the decision letter “You have been informed of the approval of the classification portion of the petition. The portion of the petition requesting a change of status for the beneficiary is being denied”.

The Customer Service Advisor said that he will raise a query to the officer. Would there anything more that I should be doing to expedite the process? Any other suggestions.

Nothing else is required from your side. But, call USCIS again if you do not get any response within a week.

Thanks, Anil. I will surely follow up. Would you have any idea on why the Advisor said the status shows denial, ideally, it should have reflected the same status as per the decision letter.

I think the advisor meant the denial of ‘change of status’.

Hi Anil,

Today online case status changed and it states “We reopened your Form I-129, Petition for a Nonimmigrant Worker, and are reconsidering our earlier decision. We sent you a notice that describes how we will process your case. Please follow the instructions in the notice.”

Can you please help me out to understand what it means? Thanks

It means what it says.

Have you applied for any MTR or appealed the decision or what?

Nope, I called up the USCIS center and spoke an adviser and said I have been waiting for the approval notice, the adviser said that it shows a denial(the adviser did not have access to the decision letter), then I had to explain what was stated in my decision letter, he updated the records exactly based on what I stated and he said I should hear from the USCIS soon.

Yesterday, when I checked the case status online, it shows “we reopened your Form I-129, Petition for a Non-immigrant Worker, and are reconsidering our earlier decision”.

Hi @dave2sol

This is something new and i have not heard about it before.

I would suggest to wait and see what USCIS comes up with.

It shows an approval status online and today I received a I-797C and my SEVIS is terminated.