URGENT HELP: SEVIS GOING TO BE TERMINATED, H1B (Change Of Status) IN PROGRESS PLEASE ADVISE


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Hi Everyone,
 
I have been doing Executive Master's in Computer Science and participated in CPT work authorization.
I have received Grade A in all the courses and in one of the courses I have received F grade and have received an Overall GPA of 3.5. I have met minimum requirement of graduate of 3 GPA overall but my DSO have told that my sevis will be terminated as I received F grade in one course but as per their guide line in college catalog where it says if student received any grade below C should retake the course. I have requested in many ways but I was told I have only three options:
1) Need to go to India and finish the course as a remote learner.
2) Apply for a new college and receive a new I-20 and apply for stamping and re-enter the USA.
3) Apply for University who accept terminated sevis and request for reinstatement of sevis.
 
Currently my H1-B application is in the premium processing and received RFE on Maintenance of F-1 status till August 2021(I was in valid status during the period with CPT work authorization), I have requested university for required documents and I was told it will take 3-4 weeks to provide the RFE documentation.
 
Considering my SEVIS termination, request your guidance with the best available options for me on how to go forward for responding to RFE for best outcome to get my application approved and maintenance of my legal status in USA.
 
Could you please help answer my questions below:
what is the best solutions to respond for my H1 RFE and get my application approved? 
Will my SEVIS termination affect my H1-B application ?
If it doesn't impact my H1-B application, will I be getting a change of status or I797C(consular processing) for my H1 application?
If college is taking time what is the best way to respond to the RFE to get my H1 application approved?
Can we respond to RFE without college documentation?
 
Please Advise with the best solutions to get H1 application approved.
 
Thanks in Advance. 
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First thing first...... if this is your 2nd CPT or day 1 CPT then you are already on wrong foot with USCIS. (Executive masters may be new for USCIS but you already know what it is)

School will not budge from their policies as they are very clear, so no need to argue with DSO. If your college wants you out, you will be out.

On 8/29/2021 at 1:54 PM, Ve25836 said:
1) Need to go to India and finish the course as a remote learner.
2) Apply for a new college and receive a new I-20 and apply for stamping and re-enter the USA.
3) Apply for University who accept terminated sevis and request for reinstatement of sevis.

All 3 options seems very practical, but admission to legit institute and re-instatement of sevis can take very long time.

 

On 8/29/2021 at 1:54 PM, Ve25836 said:

received RFE on Maintenance of F-1 status till August 2021(I was in valid status during the period with CPT work authorization)

Having CPT authorization does not mean automatically in F1 status, ask your self/DSO if it was done the right way.

 

On 8/29/2021 at 1:54 PM, Ve25836 said:

what is the best solutions to respond for my H1 RFE and get my application approved?

Your attorney knows how to respond to this situation, regardless of responses there is no certainty of approval.

 

On 8/29/2021 at 1:54 PM, Ve25836 said:

Will my SEVIS termination affect my H1-B application ?

Yes, lapse in status if any. That means issues for current and all future immigration applications.

On 8/29/2021 at 1:54 PM, Ve25836 said:

will I be getting a change of status or I797C(consular processing) for my H1 application?

If your RFE gets cleared, you H1b will be processed as per USCIS discretion.

On 8/29/2021 at 1:54 PM, Ve25836 said:

If college is taking time what is the best way to respond to the RFE to get my H1 application approved?

Ask you attorney to request more time from USCIS, again there is no definitive way to get approval...only Facts will help you.

On 8/29/2021 at 1:54 PM, Ve25836 said:

Can we respond to RFE without college documentation?

Did you even think before typing this question?? 

It makes no sense to reply without requested documents and your attorney will not do it. 

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