H1b approved, but adjustment of status denied


Recommended Posts


I would really appreciate if you can advise me what to do in current situation. My company applied for my H1b(premium processing) and we got RFE to which we sent all required documents. The most questions were related to my school as it was located in different state.

Until I got h1b approval I was maintaining my F1 status, but according to the letter from USCIS, stating my H1b approval but denying change of status, I did not maintain my F1 status properly. They said that I did not take 12 credit hours(however I am grad student and there is no such requirement for grad student as I know), but my school considered me full-time, and as a respond for RFE I sent a letter from school. Also they mention that my current address is in different state, even though as a respond for RFE I sent my flight tickets as well as letter of attendance from my professor. Moreover, letter says that I can not appeal, but can respond in 30 days. I contacted my university and they said that I am no longer on F1 status according to my Sevis records.

1. I am wondering starting from when I became out of status, cause since if I am not on F1 and my status not changed for H1, I became out of status? Is it from the date I receive letter from USCIS or when the letter was issued or from the beginning of my studies? It really matters as dont know how many days I accumulated as out of status by know.

2. I wish I can go and get my H1b stamped as soon as possible, but the problem is I am in late high-risk pregnancy and can not travel even locally right now. In case I deliver my babies with complications I can not leave country in next 3-4 weeks. What options do I have in this case?

3. If I leave my newborn babies after delivery to go get my visa stamped, can I go to US consulate in Bahamas/Jamaica or other close by countries, as I am not sure I will be fully recovered to flight overseas to my home country? Do foreign consulate stamp foreign nationalities H1b visas if I have been out of status?

4. I really dont want to accumulate days for "out of status", are there any options I am not aware of? I am really scared to leave my babies after they arrive and not to get my visa stamped in order to come back to US. On other hand, I can not fly with them as I have concern about their health and preparing documents for them may take more than month after they born.

I would really appreciate your help and advice! I just dont know what to do in current situation.

Link to comment


This topic is now archived and is closed to further replies.