H1B still pending but SEVIS shows "change of status denied"

[tkarthik1910]

Hello,

 

I am on OPT extension and my company filed for my H1B thru Consular Process. Then I got an RFE and my company submitted the RFE. When I look at USCIS case status it still shows, RFE Response review. It's been more than a month now. But, when I inquired about my SEVIS status with my DSO, she said "According to SEVIS, change of status is denied" on August 19th. Neither my attorney nor my DSO were able to answer whether my H1B petition rejected (cuz it's thru consular process) Attroney says, your case is still pending and wait for the decision and she says "Hi, Karthik. Hopefully that is all that it is and not a denial.  I checked your online case status and it shows that it is still pending." I am so freakin confused right now. Can anyone please tell about my H1B petition. My OPT is valid till February 2015 so that I would atleast start looking for schools, to maintain F1 status if my petition is denied. 

[itsmeusa]

Go by lawyer's word on this. If you are too worried about wait, upgrade your case to premium and get the results in 15 days.

[tkarthik1910]

I am ready to upgrade my Petition to Premium Processing, but my company is not willing to. And my attorney never say anything which might be helpful. When my case got picked in lottery, My DSO said SEVIS has been changed to Pending but my attorney informed me about the receipt number and all, 15-22 days later. I am curious now cuz, I had to look out for schools get an admission and all which is time taking process. If the USCIS sends me a denial notice in November or something then I would have only few days to get into another school and maintain my status. Hope you understand my situation. 

[itsmeusa]

You can tell your company that you would pay for premium processing fees. It's ok for employee to pay for premium processing fees. 

[tkarthik1910]

I got an email from attorney this morning saying, they called USCIS and the case is still pending and they would release a decision by the end of this month. I have no hopes, but as you said, I'm just gona wait until they say anything. Thanks for the reply though @itsmeusa. 

[nsandeep]

Hello,

 

I have applied for H1B on April-2014 and on 15-May-2015 I received the approval notice. But the approval notice was missing I94 number so my company's attorney re-sent the documentation indicating the missing of I94 number and I received an RFE asking for "Client Letter". I submitted the "Client Letter" in-time and on 28-July and till date (25-Sep) my case is still showing "Documentation Received for RFE but nothing moved forward.

 

My question lies here: My STEM-OPT expired on 1-Aug-2014 and I applied for CAP GAP EXT I20 which I received with an end date of 30-Sep. My case was premium processing. When my attorney asked the USCIS regarding my case. They replied saying that they wonldn't consider my case as Premium anymore.

 

Now, my question is with H1B case in processing and CAP GAP EXT I20 expiring on 30-Sep. Am I eligible to receive an extended CAP GAP EXT I20 till the H1B case is resolved?

 

If YES, can you please let us know the link to the USCIS web-site that states this. The official of my school also has no idea on how to deal with this situation. Can you please advice me in this regard.

 

Regards,

Sandeep.

[itsmeusa]

Please consult with competent immi. lawyer. You may need to pay some fees but you would get the best advice rather than searching public forums for complex issues.