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Thread: H1 B approved but the Change of Status denied

  1. #1

    H1 B approved but the Change of Status denied

    Hello Guys,

    My H1 got picked this year, got an RFE on Oct 17, and my OPT expired on Nov 2 so I joined a Day 1 CPT at Harrisburg before my OPT expired. on Nov 28, we submitted the response to USCIS query. On Dec 12th my case status was changed to Approved, after 4 days we received I797B instead of I797A. My employer says my H1 is approved but not the Change of Status. And he also said I have 2 options (after talking to attorney) now, either I have to go for stamping or file for an Amendment since I just changed my client.
    So my question is, what could be the reason behind my COS denial? is that because I was on my CPT when they approved my H1?
    And is it fine to apply for Amendment?

    Please help me on this.


    Thanks...

  2. #2
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  3. #3
    Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/po...72020669481963 22nd Dec - Please review comments from other users

  4. #4
    It is mostly because you couldn't prove how ur CPT was related to your job. If you already have 9 months of US education or a previously completed US Masters, u r eligible for day 1 CPT and it is not a problem . However, u have to prove tht ur job is related to wat u r studying n CPT.
    I m not sure if i am 100% correct but you can apply for amendment and go for stamping, cuz then u ll have all the paperwork abt employer n client info in order! Good luck

  5. #5
    Thank you, but could you please share the source where it says that one can do day-1 cpt after having completed a previous ms degree? Not arguing it's existence but I am just curious because there seems to be lot of confusion with that.

  6. #6
    here you go, https://www.ice.gov/exec/sevp/Module4.htm .
    Go down to topic 4 n read the basic guidelines

  7. #7
    Thank you so much. This is what I was looking for!

  8. #8
    Has nothing to do with cpt. Just get a new stamp

  9. #9
    Reason behind denial is you started CPT . Normally if your employer filed h1 and even your case is under process you get adjustment of status called cap gap so even though your opt is expired you can still work in US and stay in US legally till USCIS approves your application

  10. #10
    Hello,
    I am in similar situation as you are. what happened in your case? did you get your visa approved when you went back to India?

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