I-94 not received, I 797B, COS denied- Please help


Hero_123

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Hello All,

I seriously need help

My H1B was approved for one year, but change of status was denied, I-94 not given.

Reason stated is:-

You were working in medical field when you were on OPT, but when your OPT expired you went for new Masters in IT (information technology). As per new CPT rule you should have been working only in IT field, but you continued your job in medical field and thus you have violated the F-1 status.

I know very strongly that my job does involve IT role as well. I have worked in TCS india for Pharma-IT projects and in US I am doing the same.

They have given 2 options

1. Go to india get urself stamped and get I-94 at port of entry

2. Appeal with new evidence with I-290B (60 days for approval max)

Please guys let me know which option I should choose, I cannot work till I get my I-94. Also please let me know whether I can apply for H1B extension when I am in india if my stamping is delayed ? I seriously need all your advice

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Hello ALL,

My Lawyer says that instead of an appeal, you can amend your petition.

She says that

I discussed this case with Attorney on Friday evening, and he advised that it would be best to file an amended petition vs. the appeal. The reason why is because an amended petition has a timeframe of when it gets a final decision and an appeal doesn’t have processing times. Also, with an amended petition we can premium process to get faster results. Attorney further advised that if you don’t want to file an amended petition Mr. XXXXXX can go to India and get his passport stamped which would be much faster. Please feel free to ask if you have further questions about these options, I would be more than happy to break them down for you.

PLEASE PLEASE LET ME KNOW, what she is saying about amended petition for change of status is TRUE or she doesnt know what she talking about.

My question ... IS AMENDED PETITION FOR CHANGE OF STATUS IS LOGICAL OPTION V/S AN APPEAL

PLEASE RESPOND

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Since petition is approved, but without change of status. Appeal and amendment is practically the same thing. It all depends on how well the lawyer can prove that job is related to IT. But remember that a pending appeal (or amendment) does not give you legal status, if denied later you will have an even longer out of status/illegal period. Leaving, obtaining an H1 Visa and returning may be a safer option.What kind of a school did you do your CPT in? If it was a typical degree mill like I suspect, you are going to face tough scrutiny in every future application.

Discuss with a good immigration attorney of your own.

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  • 9 months later...

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