H1B I797C

[DR Sirganagari]

Hello,

I have been approved for a H1B visa, but the change of status has been denied and USCIS has sent me I797-C form stating consulate process. In the mean time, USCIS cancelled my SEVIS. The H1B visa I filed was on a different client and now I am working for another client. Since I am out of status, can I now file for an amendment? or am I supposed to leave the country? Can I file a MTR and and have the case reopen? will that activate my SEVIS? Please respond.

Thank you.

[gopalakrishnach]

USCIS cancelled my SEVIS - as per my understanding once H1B approved SEVIS is cancelled but I am not sure about change of status denied. You can contact your school/university and they can confirm whether SEVIS is cancelled or not.

Please consult your employer/attorney on this matter. It looks important which will shape ypur career.

The H1B visa I filed was on a different client and now I am working for another client   - going to visa stamping with old client is tricky. What if you get 221G and they try to contact your old client.

can I now file for an amendment? or am I supposed to leave the country?  - If your have valid I94  I feel yes you can file amendment else leave USA and file amendment.

Can I file a MTR and and have the case reopen?  - Yes

will that activate my SEVIS? - filing MTR will not activate.

[User099]

Check with your DSO to see if they can do a Data fix in your case and activate the SEVIS as the COS was denied.

Do you have any Day 1 CPT in your F1 history?