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Applied H1B.....SEVIS terminated...Reinstatement

New York, NY |

I have already applied for H1B. And my university has terminated my SEVIS. I am going to apply for reinstatement. And I got RFE to roved a evidence letter regarding about CPT. Does it impact on H1B result?Thank you for your Advise.

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Attorney answers 3


Yes it does. If you do not reinstate and fall out of status, you will have to consulate process your H1B if your Sevis had been terminated prior to the application for h1B was accepted for processing.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


For USCIS to be able to change your status, you must be in valid status on September 30.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.



So,It should be in valid status on Sep 30? But I do not know how long it will take to reinstatement ?And if supposed , it may be delay from USCIS to get approve SEVIS? What should I have to do?Thank You for your reply.


Hi there- first- you need to prove you are going to be in status till Sept 30, or your H1 will not come with a I-94. This means you will need to go to your home country to get the H1 stamped before you can start working. Second - I am not sure what the RFE is asking for, but generally CPT should have no connection to the H1. Having written that, you really should ask an attorney who knows all your case details and has reviewed the RFE. Attorneys will offer second opinions on cases if you schedule a consultation.

Good luck!

Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit Law Office of Anu Gupta. The advice suggested here is for general information only. It is not to be construed as legal advice. We promise to zealously represent you - but as with any legal matter, we cannot predict the approval of your case based on our past successes. Each case is different. If you are in a similar situation, we would recommend that you contact us to discuss your case.



Thank you for your reply. But I am not sure wether I will be in status till Sep 30 ? Because I do not know how long USCIS will take to active my SEVIS again?

Anu Gupta

Anu Gupta


I would be happy to look at all your documents and advice you if you want to call my office and schedule a 30 minute consult.

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