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Mafruha

H1B Denial 2019

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My company filed for my H1B in 2019. Got an RFE  and responded to RFE on June 20. but got denied on July 2nd 2019. 
I have not received the denial reason yet. What the possibility of getting it approved if we appeal?

My OPT will expire on October 4th. At this situation  my company agreed to approve my Day 1 CPT and start my green card procedure simultaneously.

Few questions:

1. Is there any risk factor If I apply for change of status from Day 1 CPT to Green Card?

2. if my appeal got approved  after I change my status to day 1 CPT Can I come back to H1B?

3. In case if my green card application got denied Can I stay on US or I have to leave? or Can I just transfer my status from day 1 CPT to H4? (Because my spouse is on H1B)

4. My spouse is on H1B.  Can my employer file for my green card if I change my status to H4? because green card is for future position.

 

Thanks in Advance.

Any kind of suggestions would be apricated.

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Day 1 CPT is abuse of CPT. It will result in you never getting an H1, much less a GC.

And you won't be able to get an H4, either.

No real university gives out CPT from day one. Only frauds do.

Stay far far far away from such fraud if you want to have a future in the US.

 

Edited by JoeF

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1. Risky and will lead to complicated future H1B and H4 and GC

2. Complicates things by day 1 CPT

3. Leave and even H4 transfer might be complicated after day 1 CPT

4. You convert H4 and work on H4 EAD. Your employer cannot file for GC. I may be wrong.

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The best strategy imo for you is to change status to H4 either by leaving US and getting a h4 stamp on your passport (quicker) or by filing change of status application (i539) before your OPT expires. 

You should get your case and options reviewed by a competent attorney.

On 7/8/2019 at 9:19 PM, Mafruha said:

my company agreed to approve my Day 1 CPT and start my green card procedure simultaneously.

This suggestion by your employer is borderline criminal and tells a lot about your employer.

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