H1b approved but COS denied

[Krishnateja]

Hello,

 

My backgroud:

 

1. Completed a masters degree in US. Worked on OPT for almost three years

2. Before expiration of OPT, Applied for second masters and started working on CPT. 

3. Applied for H1B in April 2019. H1B Approved from oct 1st 2019 till Sep 2022. but Change of status request is denied. No i94 attached

4. Currently working on CPT. CPT is valid till april 2020. Will graduate in May 2021

 

Following is stated in the I-797B.

Even though the named worker is ineligible for change of status, they may depart the US and apply for the proper visa at a consulate abroad.

 

 

My Questions;

 

1.As no i94 attached. Do i have status from Oct 1st 2019

2. Can I keep working on CPT till May 2021 on F1 status?

3. Do i have to leave USA before Oct 1st, 2019? Get stamped and come back. 

4. Will my f1 be terminated from oct 1st 2019? 

Your guidance is really appreciated

[pontevecchio]

1. No H1 status.

2. CPT IS NOWADAYS A RED FLAG.

3. You could leave and return with a H1 visa to start from October,1 onwards though anecdotal evidence has people having difficulty in getting a H1 visa after CPT.

4. Ask your DSO about the status of your SEVIS.

 

You would do well to touch base with a lawyer and discuss your situation before going for the visa.

[JoeF]

Your CPT is illegal. You have one year of Practical Training + STEM per educational level. You have used all that. You can NOT do CPT on the same educational level.

You a) need to stop working immediately, and b) you need to leave the country.

Due to the abuse of CPT it is unlikely you would get an H1 visa.

[gopalakrishnach]

Is this first day CPT if yes the big RED Flag.

1. I guess you need to get stamped to get new I94 from Oct 1.

3. I guess so

I may be wrong.

[shekar11#]

On 9/12/2019 at 8:59 PM, Krishnateja said:

Hello,

 

My backgroud:

 

1. Completed a masters degree in US. Worked on OPT for almost three years

2. Before expiration of OPT, Applied for second masters and started working on CPT. 

3. Applied for H1B in April 2019. H1B Approved from oct 1st 2019 till Sep 2022. but Change of status request is denied. No i94 attached

4. Currently working on CPT. CPT is valid till april 2020. Will graduate in May 2021

 

Following is stated in the I-797B.

Even though the named worker is ineligible for change of status, they may depart the US and apply for the proper visa at a consulate abroad.

 

 

My Questions;

 

1.As no i94 attached. Do i have status from Oct 1st 2019

2. Can I keep working on CPT till May 2021 on F1 status?

3. Do i have to leave USA before Oct 1st, 2019? Get stamped and come back. 

4. Will my f1 be terminated from oct 1st 2019? 

Your guidance is really appreciated

Best option is to talk to an immigration attorney ASAP.