COS status from F1 to H1B denied

[10vatsal10]

Case - Got H1B approved in NOV 2019. Got it stamped in Jan 2020. F1 OPT ( which was valid till 2021) was marked cancelled. Lost my job in Feb. 60 days grace period ended in April 12. Filed for COS to B2 in April since international travel was not allowed. B2 application pending. Got mail from my DSO that COS from F1 to H1B denied on 15 April. Hence I should I - 983 training final report.

Question -

1) Am I back on F1 by default because my H1B COS was denied.

2) If I find job again would I be able to instate my H1B while staying in US ? ( After these new executive orders)

[JoeF]

Huh? If you got the H1 visa and entered with that you are in H1 status. There is no COS from F1 to H1.

[newacct]

Your COS from F1 to H1b was abandoned because you left the US. You entered into H1b status by entering on your H1b visa. Your previous COS is no longer relevant.

1. no

2. yes

[User099]

If you COS was denied then you should have got a I797B in Nov 2019 and since you got stamped you have activated your H1. 

You can go back to H1 but you will need the B2 to be adjudicated. Its better you talk to an attorney on the timeline for B2 to be adjudicated and COS back to H1. 

[10vatsal10]

corrections - Recently I got mail from my DSO that COS from F1 to H1B denied on 15 April  hence I should submit I - 983 training final report.

 

[10vatsal10]

@User099 @newacct - My B2 application is pending. It is not approved as of now.  If I want to shift to H1B back again, should I have B2 visa approved ? Or pending B2 application can also be adjudicated ? 

 

[User099]

Pending B2 has to be adjudicated for your H1 to be approved as COS. 

11 hours ago, 10vatsal10 said:

@User099 @newacct - My B2 application is pending. It is not approved as of now.  If I want to shift to H1B back again, should I have B2 visa approved ? Or pending B2 application can also be adjudicated ? 

 

 

[10vatsal10]

@User099 - Traveling out of country is one way I can get my pending B2 application adjudicated. Are there other ways too?

Also if I travel out of country, would I require new H1B stamping for new employer to enter back into country ? My previous employer has already revoked my H1B.