H1B is revoked, change of status to F1 is denied. My options to stay in USA?

h1-b

(Sai Shankar) #1

Hello Friends. I appreciate and thank each of the member of this group for being supportive and helping everyone. I need you to please evaluate my situation and suggest me any option.

I came to the US in 2015 on F1 visa and got my H1B approved from 2016 to 2019 while I am still pursuing my first Master’s.

On April, 2018 my employer got an intent to revoke notice and he said they cannot defend it asked me to quit the job and look for options on your own.

I immediately got an admission and i20 for an MBA program while my I am still on H1B status (H1B revoked on July 2018). I filed an i-539 for a change of status from H1B to F1 and after waiting for 10 months in February 2019 I got the denial notice.

My initial F1 visa is approved until 2020 and my i-94 is valid until September 2019 (I got H1B stamped in February 2018)

I spoke to my DSO and she says that I can just start taking classes with new i20 as my F1 visa is approved until 2020 and I do not need to leave the country as my i-94 is valid until Semester 2019 but a couple of attorneys that I spoke are asking me to exit and enter with F1 visa.

Can someone please let me know if I can stay in the country and visit San Diego Ysidro US Mexico Border to exit and enter with F1 and get my i-94 validated as per my F1 Visa dates.

Sorry for the long post but I am trying to explain everything here so you can evaluate it accordingly. I welcome your opinions and suggestions, Many thanks in advance.


(Anil Gupta) #2

You have confused me.

How did you get H1B stamping when H1B was revoked?

You say your H1b was revoked in April 2017 and then you say you got H1B stamping in Feb 2018?
How is it possible?

Why did USCIS sent NOID (notice of intent to deny) after H1B approval?

What was the reason? Did you make any H1B Amendment? What really happened there?

COS is denied from H1 to F1

Attorneys are right if your current i94 shows your status as H1B.
If COS to F1 has been denied, this simply means that you have no status at this time with your H1B not valid.

You have to leave US and then enter again to get F1 status.

Visit San Diego to get new i94

You can visit San diego US border and re-enter to get new i94.
But, remember, it is possible that you are denied entry to US at San Diego Border. If they deny entry, you will have to go back to your home country from there itself meaning, from Mexico.


(Sai Shankar) #3

Got Stamping in February 2018 and H1B revoked in July 2018. Sorry typo error.

I don’t really know what triggered NOID. We didn’t file any amendment. All that I did was travel to home country got stamped and came back to the US.


(Sai Shankar) #4

Can you please suggest me other options if any that could strengthen my chances of returning to the US on F1.

I am going to San Diego US border on Wednesday and will try to request the CBP officer without crossing the border.

Did you ever heard of situations like these and denied entry to US?


(Anil Gupta) #5

A lot depends on why your H1b was denied?

Did they find anything wrong with Employer or something related to your maintenance of status on F1 visa?

Can you share the reason of NOID?


(Sai Shankar) #6

That could be something with regards to my employer as I was working internally and the reason I saw on the NOID was that my employment was not under Specialty Occupation. I was working as a Programmer Analyst.

It was of 9 pages asking for details including the project progress that Iam working on from the period my H1 began, the revenue company made out of the project that I am working, duties and responsibilities, task sheets, time sheets and etcetera.


(Anil Gupta) #7

Ok… then, the reason was specific to H1B visa.

I think you should be okay for F1 entry at border.


(Sai Shankar) #8

Can you please throw some light on what should be my approach at the San Diego Mexico Border POE.

Do you know of any other locations that would be ideal for my situation for re-entry without any problems.


(Anil Gupta) #9

There are no better location or locations that i can share.
It all depends on the CBP officer that you encounter at border.

They may or may not ask you to cross border too.
Specifically for changing status, they will most probably ask to go out and enter again.


(Sai Shankar) #10

Thank you for your response Anil.

One last question please. Can I pay the $6 online for i-94 and directly go to the i-94 counter in the building or do you think it is better for me to stand in the cash lane as mine is a slightly different case. Thanks again


(Sai Shankar) #11

Also, I see there are two centers San Ysidro and Otay Mesa. Do you have any specific information on where do most people go?


(Anil Gupta) #12

You can pay i94 fees online.

Find details about San Diego port of entry address, where to park etc. Details here: