H1 Approved and COS denied, But sevp portal was auto completed..

[Akhil Rachamalla]

Hello All,

Good Morning!

I got my H1 approval from Feb 3 2020 to april 5 2020 with COS denied as i have my valid opt till sep 3 2020. But my DSO says that sevis is auto terminated saying change of status approval. I just received My I797 C still waiting on official notice. 

My DSO said that she can reactivate my F1 sevis if i submit I797 B official notice, if i reactivate my F1 does My approved H1 gets affected i.e., will it be gone?

My employer is working on the extension process meanwhile if my F1 gets reactivated can i stay on my opt in usa and continue working, untill i get extension approved and then go for stamping and come back on that visa or do i need to go immediately for stamping.

I have heard H1 approval with consular processing means i can work on my present visa which is opt and then go for stamping and activate the H1 and come back is it true? 

 

Please help me 

Thanks in advance

[User099]

When COS is not approved, your SEVIS is not supposed to be cancelled. But since the SEVIS is cancelled, you should be able to do a data fix by submitting the I797B. If you reactive SEVIS, it will not impact your H1 which was approved in consular processing. 

I don't know if USCIS will consider the extension as you are still not counted against the cap.

If you can travel, I would say you should go for stamping and come back ASAP. If you are working the same job which is in your LCA and I129 then its good to get the visa stamping done while it lasts.