H1 approved, Change of status denied

[rahul412]

Hi Akhilesh,

 

Could you please tell me from which college you took your second masters and got your CPT?

You wanna go to school or work in CPT???

[Akhilesh5404]

Hello everyone!

 

I traveled to India and got my stamping done recently. The Visa Interview was easy. Visa Officer asked me questions about my employer, client, LCA and job responsibilities. They approved my Visa. At the port of entry the officer asked me about my job responsibility and stamped my passport. I got my I-94 online.

 

Thanks for all your help and all the best to others!! 

[madhu418]

congrats. and thank you for updating the forum.

[Batramk]

@Akhilesh- which consulate did you appear for your interview?

Also, did they ask anything about the change of status being denied?

[JoeF]

They then revised the letter and said "CPT is an integral part of the program as long as it follows program's need" or smth between the lines.

 

That doesn't make it an integral part of the curriculum.

It would have to be required by a course.

And that means you can't just work for some consulting company, doing some arbitrary work for a client.

This kind of abuse of CPT always comes back to bite.

That's why people need to stay away from these fraud schools. They are only interested in your money.

[JoeF]

Hi Akhilesh,

 

Could you please tell me from which college you took your second masters and got your CPT?

Avoid CPT. That will only kill your career in the US.

Or do you like getting deported and banned for life?

[Falljob]

What Happened After GBC Revised their Letter with saying CPT is part of intergral course. Did anyone COS approved with new letter.

 

Look Iike I will be in same boat this year. Thanks

[rahul412]

What Happened After GBC Revised their Letter with saying CPT is part of intergral course. Did anyone COS approved with new letter.

 

Look Iike I will be in same boat this year. Thanks

That depends on what type of work you have done on CPT??

So what work did you do in CPT??

[vikasthejaswi.28]

Hi buddy,

In the same boat. Do i have to depart immediately or can i stay for a couple of more weeks and leave ? Also did u take any letter from the college?

hello Everyone,

I got my H1B stamped last week at Hyderabad and came back to US today.

Visa Interview questions -

1) Who is your employer?

2) How long have you been staying in US?

3) Is the job Onsite ?

4)show your payslips?

5)what do you do for your employer?

5)I took my family with me..They asked is your son US citizen,how long have you guys got married?

FYI, I have showed only H1 approval not the denial notice(Even interviewer havent asked anything about college)

[vikasthejaswi.28]

Can you please give mw your contact details? Email me at ********at google mail. I need some quick information from u

Hello,

My backgroud:

1. Completed a masters degree in US. Worked on OPT for one year.

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

3. Applied for H1B in April 2013. H1B Approved till Sep 2015 but Change of status request is denied.

4. Currently working on CPT. Will graduate in May 2014.

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. Instead of travelling out of the country now, if I go for stamping in December, will my H1B be still valid? (as it is approved till Sep. 2015)

2. Can I keep working on CPT till May 2013 on F1 status?

Your guidance is really appreciated.

Thanks,

Akhilesh

Edited August 11, 2014 by MurthyAdmin
Members who wish to share their contact information may do so by updating their profile.

[samrotha]

Hey Hi akhilesh,

 

I have fallen in the same issue. it is sep29 2014 that i got the H1 approval notice but change of status denied can you please tell me is the rule to go for stamping before oct1st or can we go after that also?  I am still on CPT and CPT is valid til july 2014. Appreciate your help thanks in advance. very urgent since it is already sept 30th today please let me know. I have spoken with my attorney and she said you can go any time but I am not sure how correct it is.

 

Thanks

[rahul412]

Hey Hi akhilesh,

 

I have fallen in the same issue. it is sep29 2014 that i got the H1 approval notice but change of status denied can you please tell me is the rule to go for stamping before oct1st or can we go after that also?  I am still on CPT and CPT is valid til july 2014. Appreciate your help thanks in advance. very urgent since it is already sept 30th today please let me know. I have spoken with my attorney and she said you can go any time but I am not sure how correct it is.

 

Thanks

Find a good attorney, you have abused F1. You have killed your career in US.

Your CPT already expired, so what will be your status from Oct 1st?

[D reddy]

On 10/14/2013 at 6:11 PM, vinaythumu said:

hello Everyone,

 

I got my H1B stamped  last week at Hyderabad and came back to US today.

 

Visa Interview questions -

1) Who is your employer?

2) How long  have you been staying in US?

3) Is the job Onsite ?

4)show your  payslips?

5)what do you do for your employer?

5)I took my family with me..They asked is your son US citizen,how long have you guys got married?

 

FYI, I have showed only H1 approval not the denial notice(Even interviewer havent asked anything about college)

Did they mention on your i797 about the denial of change of status

[Sou]

Hi, I scheduled my visa interview at my home country. I was in f1 status and my h1b got approved (i797b) but change of status (COS) is denied. would like to understand following -

 

1 - Does denied COS, impact my H1B stamping ?

2 - Do they ask COS denied reason and proof to address that reason.(it seems to me few documents missed as they mention in COS letter cause this issue but I have all documents with me to show consular).

3 - what additional documents I need to carry to support this COS denied

 

just want to understand, in this scenario how things can move.

[JoeF]

There is a reason why they deny COS. They believe you are not in valid status. That usually means doing something on F1 that isn't allowed, like doing CPT after you already did OPT on the same educational level.

They will know the reason for the COS denial. They may ask it, so a lie would be really bad.

[Sou]

Thank you Joe for your response.

yes agree, they denied with a reason and stated in notice as "I worked more then allowed days in CPT (mean more than 12 months)". but this is not correct as I worked only 6 months in CPT (I have all the documents - i20 with correct dates and employer details) and then worked complete 1 year in OPT and currently was working on STEM OPT (approved till DEC 2020). This is first master. employer asked to go for stamping and come back with stamped h1b to work, as now I am authorized to work. so I left the US and scheduled h1b stamping.

so according to them yes I have violated F1 status maintenance but actual this is not the true,  there is some misunderstanding or CPT documents missed by my employer or attorney while submitting  h1b REF response (I received a F1 status maintenance rfe). I have all documents available to show and explain in visa interview, if they asked any question related to COS denied.

now my questions are - 

1 - Does this impact my h1b stamping ?

2 - What additional precaution/documents, I need to take care in stamping.

3 - There is an option in COS denied letter to open a motion and file i290b to proof this decision is incorrect with in 33 days. so is this a good option to do? and if I do this then, does this impact my h1b stamping (I have scheduled stamping after this 33 days period.) ?

please advise.

 

Edited November 14, 2019 by Sou
mistake

[JoeF]

Well, the time in CPT means that you only had 6 months for the OPT.

As per 8 CFR 214.2(f)(10), a person has only 1 year of Practical Training per educational level. That means CPT and OPT combined.

STEM OPT is separate. But you were working on your initial OPT for too long.

[Sou]

your first sentence is not accurate in the case of first masters students.

want to conclude - 

1 - Students can take less than 12months of CPT in first masters (after completion of 12 credits means 2 semesters).

2 - Than students are eligible for 1 complete year of OPT.

point 1 and 2 as per [ (Title 8 of the code of Federal Regulations CFR, section 214.2(f), point number (10) practical training clause]

3 - Than students are eligible for 2 complete years of STEM-OPT.

your first sentence (in the last post) might be accurate in case of seconds masters students. that I am not aware of.

just posting the conclusion as people follow here. at the same time would like recommended please consult with an attorney to obtain the best call for you.

Good luck 🙂

[JoeF]

Sorry, you are wrong The rules in 8 CFR 214.2(f)(10) say very clearly that student have 1 year of Practical Training per educational level. Not "less than 12 months CPT" and then 1 year of OPT.

It says 1 year of Practical Training. That means CPT and OPT combined.

This "less than 12 months CPT and 1 year OPT" always was a myth. At some time in the past USCIS didn't care much, but they do know. It is 1 year of Practical Training per educational level. Period.

Edited November 30, 2019 by JoeF