Consulate H1-B Visa Approved and Denial change of status Form sent

[priyami]

My background.

1. Currently on CPT for more than 12 months(my second masters).

2. Working  for a MNC company.

I got my H1B Aprroval notice and Denial of change of status today.

When I read the I-797B there is no I-94 number and the Consulate location details are given, that means the H1-B is filed under consulate ? or the USCIS has made into consulate ?

and if it is consulate H1-B then why did they send denial to change of status I-129 Form ? any way we need to go for visa stamping for change of status right ?

Not sure, what this denial of status change mean for consulate H1-B ? or the USCIS changed the normal H1-B request into consulate H1-B and sent the denial of status change ?

Please help me with this confusion and with my next best step would be ???

 

Thank you in advance!

 

 

 

 

[shekar11#]

23 hours ago, priyami said:

My background.

1. Currently on CPT for more than 12 months(my second masters).

2. Working  for a MNC company.

I got my H1B Aprroval notice and Denial of change of status today.

When I read the I-797B there is no I-94 number and the Consulate location details are given, that means the H1-B is filed under consulate ? or the USCIS has made into consulate ?

and if it is consulate H1-B then why did they send denial to change of status I-129 Form ? any way we need to go for visa stamping for change of status right ?

Not sure, what this denial of status change mean for consulate H1-B ? or the USCIS changed the normal H1-B request into consulate H1-B and sent the denial of status change ?

Please help me with this confusion and with my next best step would be ???

 

Thank you in advance!

 

 

 

 

Does not matter. Since you did CPT for more than 12 months USCIS denied the COS and asked you to go for stamping. This is a common occurrence in the last 2 years. 

[gopalakrishnach]

H1-B is filed under consulate ? or the USCIS has made into consulate ? -- your is consulate H1B approval. I cannot say specific and why

H1-B is filed under consulate ? or the USCIS has made into consulate ? - your lawyer/employer can answer

any way we need to go for visa stamping for change of status right ? - Yes I guess

Please help me with this confusion and with my next best step would be ??? -- I feel next step is visa stamping..

[User099]

On 1/15/2020 at 2:00 PM, priyami said:

My background.

1. Currently on CPT for more than 12 months(my second masters).

2. Working  for a MNC company.

I got my H1B Aprroval notice and Denial of change of status today.

When I read the I-797B there is no I-94 number and the Consulate location details are given, that means the H1-B is filed under consulate ? or the USCIS has made into consulate ?

and if it is consulate H1-B then why did they send denial to change of status I-129 Form ? any way we need to go for visa stamping for change of status right ?

Not sure, what this denial of status change mean for consulate H1-B ? or the USCIS changed the normal H1-B request into consulate H1-B and sent the denial of status change ?

Please help me with this confusion and with my next best step would be ???

 

Thank you in advance!

 

 

 

 

So your Case of status is denied and your H1 is approved. You will need to go for visa stamping and come back to work on H1.

Second masters, CPT and more than 12 months...these look like the reasons your COS is denied. You should expect questions on these at the consulate.

[Mav777]

As posted above, uscis approved the H1-B but denied the COS, hence no I 94. It will have to be consular processing to get the visa. the COS was denied because USCis now views opt/cpt of more that 12 months to violate f1 visa rules. Which indicates that as per their current interpretation of laws you were out of status in F1 and hence cant get COS. Consult a lawyer to see how to deal with the issue since the consulate will question this as well and is grounds for visa denial.

Edited January 17, 2020 by Mav777