H1b cap filled - April 2017
RFE received - 25th aug 2017
RFE replied - nov 2017
Received approval notice - jan 25th 2018.
Change of status denied.
Reason they state is I worked on CPT when in school. (worked legally on school approved CPT program and degree )
The program of study does not exactly match my nature of work. I work as programmer analyst and my masters degree is in industrial engineering and management.
Employer and school agreement for CPT not established.
The rfe which they sent and the response they received did not satisfy their expectations.
Therby I violated the f1 conditions so Cos denied.
On checking with school my SEVIS is also terminated.
What are my options.
Am I still in status. If not how many days I have to leave the country after sevis termination by USCIS.
Can I file for another COS from f1 to h4(spouse dependent) and continue to stay here legally and wait for status approval.
If violation was found and COS was denied, then candidate is out of status and cannot seek another COS.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
If you want that H-1B visa and be able to work for the H-1B employer, you then must depart and apply for a "fresh, new" visa "stamp" at one of the 5 US consulates in...Hindustan. I know you are afraid you may not get out of there with a visa, and you are right..
Sorry, but Hindustan it is - and ASAP. One is not not eligible to file for "COS"with CIS if found to be in violation of previous status was on - only those in valid status at the time of the decision are eligible for COS. You unfortunately are not. Not for H-1B nor H-4.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 25 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
You may not seek a COS unles in valid immigration status.
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