got 1797B , Does it effect my CAP-GAP

[tejra567]

Hello All,

I have applied for an H1B and Change of status from F1-H1, The H1-B is approved but I got the I-797B form with the I-94 as void, I did not get any reason in the form and there was no notice either for issuing me a I-797b, when I called the immigration center they informed me they have given me what ever I have applied for

I also did not get the CAP-GAP extension, my DSO has opened an data-fix ticket with the SEVIS, but not sure if me getting the I-797B is linked to it.

Senior Members, Please help , kindly let me know what to do , it is not at all a mistake of mine , I have applied with the right documents and we have applied for a Change of Status with US-Higher Degree( MS) in the I-129 Petion , please advice me

[wiweq]

=> H1b approval is needed to be in cap gap status. COS approved or not doesn't matter. Send your I797 to your school, so that they can raise the data-fix ticket. You are good. You would have to get H1b stamping to start working in H1b from oct 1st.

[tejra567]

Hello wiweq,

Thanks a lot for your message , we have found out the original mistake

My attorney has cheated me , he had submitted the I-129 petition to the immigration for only Counsellor processing and he did not request the COS , but while giving the docs to me he has corrected that page , but later when my employer was speaking to immigration officer they have a different form than we have , so the immigration deaprtment have told us to submit a new Ammendment petition requesting a COS , I have submitted them with a new attorney yesterday, so that is the reason why my CAP-GAP is not extended because as per the immigration rules only

1) H1-B applied with a COS rather than counsellor processing are valid for a CAP-GAP extension.

I am waiting for the Ammendment Receipt once I get that again I need to send it to the DSO and work with the SEVIS in getting my CAP-GAP .

can you pelase let me know if I send that receipt to the SEVIS, Is it sufficient to the CAP-GAP or else do I wait until I get the the Ammendment Approval for the Change Of Status( COS)

[wiweq]

"can you pelase let me know if I send that receipt to the SEVIS, Is it sufficient to the CAP-GAP or else do I wait until I get the the Ammendment Approval for the Change Of Status( COS)"

=> Your DSO needs to raise the data fix ticket, they would know better. I think the approved COS would be needed.

Sometimes due to employers' negligence, sometimes due to attorney’s negligence, sometimes due to USCIS/ SEVIS mistake, it’s always beneficiary who suffer!