Change of Status Denied for H1B

[@bhi24]

Hi,

My H1B got approved and I got I797B and my change of status got denied. I got H1B approval up to 31st December 2019. I am doing my 3rd masters and working on CPT. But unfortunately, my SEVIS got terminated so I don't have any status right now. I have an F1 visa up to 18th Dec 2019. So, my university suggests me to get another new I20 with new SEVIS and go to Mexico to update my SEVIS. So, I am wondering that can I go to Mexico for new SEVIS activation. What documents should I carry with me while going to Mexico?

I don't want to go for stamping to India because I am getting November 18th around dates and I have only 3 months of approval. My project is not extended yet and I don't have extended client letter as well. My parents just came on Greencard file and I got aged out in that file. So, I don't want to leave USA. 

 

Please advice me some good solution. What are the options for me?

[JoeF]

If you have used OPT your CPT is illegal. CPT is for required internships, not for working in some arbitrary job for some arbitrary client.

It is unlikely you would be able to reactivate the F1, or get any other visa. Abuse of CPT kills the future in the US.

 

Edited October 17, 2019 by JoeF

[shekar11#]

16 hours ago, @bhi24 said:

Hi,

My H1B got approved and I got I797B and my change of status got denied. I got H1B approval up to 31st December 2019. I am doing my 3rd masters and working on CPT. But unfortunately, my SEVIS got terminated so I don't have any status right now. I have an F1 visa up to 18th Dec 2019. So, my university suggests me to get another new I20 with new SEVIS and go to Mexico to update my SEVIS. So, I am wondering that can I go to Mexico for new SEVIS activation. What documents should I carry with me while going to Mexico?

I don't want to go for stamping to India because I am getting November 18th around dates and I have only 3 months of approval. My project is not extended yet and I don't have extended client letter as well. My parents just came on Greencard file and I got aged out in that file. So, I don't want to leave USA. 

 

Please advice me some good solution. What are the options for me?

Best thing is to find a good immigration attorney and discuss your case with them. They will provide the right options.

[User099]

I am sure someone will comment on you 3rd masters and CPT, but I will not go there.

Did you talk to your DSO to see if they can do a data fix on you Sevis to update the date instead of going for a new I-20 and New Sevis? 

If you are going to Mexico, then I guess you need to carry all you I-20's and paychecks, W2's and Employment verification letters to prove you are on legal status all the while.

[JoeF]

5 hours ago, User099 said:

I am sure someone will comment on you 3rd masters and CPT, but I will not go there.

Did you talk to your DSO to see if they can do a data fix on you Sevis to update the date instead of going for a new I-20 and New Sevis? 

If you are going to Mexico, then I guess you need to carry all you I-20's and paychecks, W2's and Employment verification letters to prove you are on legal status all the while.

The OP isn't in legal status, and hasn't been for quite a while. That's why USCIS denied the COS. This is happening a lot to people who abuse the CPT, who use more than one year of Practical Training per educational level. Such people can essentially kiss their future in the US goodbye.

The bottom line: stay away, far away, from any CPT from Day 1 stuff. It is always fraud.

[User099]

Here you go, you have enough answers on your topic.

In such complex cases, I would not advice you to go to Mexico and get stuck in a third country.

Edited October 18, 2019 by User099
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[gopalakrishnach]

Please acknowledge and respect the people who spend sometime to HELP you...

[ShPoh]

Hi, what ended up happening?