H1 approved, Change of status denied

[Akhilesh5404]

Hello,

 

My backgroud:

 

1. Completed a masters degree in US. Worked on OPT for one year.

2. Before expiration of OPT, Applied for second masters and started working on CPT. 

3. Applied for H1B in April 2013. H1B Approved till Sep 2015 but Change of status request is denied.

4. Currently working on CPT. Will graduate in May 2014.

 

Following is stated in the I-797B.

Even though the named worker is ineligible for change of status, they may depart the US and apply for the proper visa at a consulate abroad.

 

 

My Questions;

 

1. Instead of travelling out of the country now, if I go for stamping in December, will my H1B be still valid? (as it is approved till Sep. 2015)

2. Can I keep working on CPT till May 2013 on F1 status?

 

Your guidance is really appreciated.

 

Thanks,

 

Akhilesh

 

 

[redgreenbluee]

please consult a lawyer.

 

it means that your underlying H1 petition was approved but your change of status to H1 was not. so for you to work on H1, you need to leave the country, apply for H1 visa stamp, and return to US to start working on H1. in the meantime, if you have any valid status on your stay (ie you are on F1), you can continue with it and complete your program. you will not be able to work on H1 after you graduate unless leave, get visa stamp, and return as described above.

 

 

Hello,

 

My backgroud:

 

1. Completed a masters degree in US. Worked on OPT for one year.

2. Before expiration of OPT, Applied for second masters and started working on CPT. 

3. Applied for H1B in April 2013. H1B Approved till Sep 2015 but Change of status request is denied.

4. Currently working on CPT. Will graduate in May 2014.

 

Following is stated in the I-797B.

Even though the named worker is ineligible for change of status, they may depart the US and apply for the proper visa at a consulate abroad.

 

 

My Questions;

 

1. Instead of travelling out of the country now, if I go for stamping in December, will my H1B be still valid? (as it is approved till Sep. 2015)

2. Can I keep working on CPT till May 2013 on F1 status?

 

Your guidance is really appreciated.

 

Thanks,

 

Akhilesh

[Attorney_22]

Due to the complexity of your questions, it is advisable to speak directly to a qualified U.S. immigration attorney.

[rahul412]

Hello,

 

My backgroud:

 

1. Completed a masters degree in US. Worked on OPT for one year.

2. Before expiration of OPT, Applied for second masters and started working on CPT. 

3. Applied for H1B in April 2013. H1B Approved till Sep 2015 but Change of status request is denied.

4. Currently working on CPT. Will graduate in May 2014.

 

Following is stated in the I-797B.

Even though the named worker is ineligible for change of status, they may depart the US and apply for the proper visa at a consulate abroad.

 

 

My Questions;

 

1. Instead of travelling out of the country now, if I go for stamping in December, will my H1B be still valid? (as it is approved till Sep. 2015)

2. Can I keep working on CPT till May 2013 on F1 status?

 

Your guidance is really appreciated.

 

Thanks,

 

Akhilesh

You are in deep trouble dude. You have abused F1 rules and I think that's the reason for COS denial. With this abuse on your record, you know the interview outcome. Consult attorney ASAP.

 

BTW what you are doing currently is AGAINST F1 rules.

[Akhilesh5404]

please consult a lawyer.

 

it means that your underlying H1 petition was approved but your change of status to H1 was not. so for you to work on H1, you need to leave the country, apply for H1 visa stamp, and return to US to start working on H1. in the meantime, if you have any valid status on your stay (ie you are on F1), you can continue with it and complete your program. you will not be able to work on H1 after you graduate unless leave, get visa stamp, and return as described above.

 

redgreenbluee: Thank you very much for your reply. So, my approved H1 will still be valid no matter when I go out of United States for stamping (Of course it should be before the expiration of my H1 validity which is Sep 2015).   I was under the impression that my approved H1 will become invalid if I do not go out for stamping before October 1st. (The start date of H1 status) (but as I am staying on the F1 status then it is not necessary to stamp it before October 1st.... Right?)

[Akhilesh5404]

You are in deep trouble dude. You have abused F1 rules and I think that's the reason for COS denial. With this abuse on your record, you know the interview outcome. Consult attorney ASAP.

 

BTW what you are doing currently is AGAINST F1 rules.

rahul412: If I am working on my CPT on F1 status (Which is approved by DSO and USCIS knows this) how am I abusing F1 rules??  Will you please explain? 

[rahul412]

redgreenbluee: Thank you very much for your reply. So, my approved H1 will still be valid no matter when I go out of United States for stamping (Of course it should be before the expiration of my H1 validity which is Sep 2015).   I was under the impression that my approved H1 will become invalid if I do not go out for stamping before October 1st. (The start date of H1 status) (but as I am staying on the F1 status then it is not necessary to stamp it before October 1st.... Right?)

Since your H1 starts from Oct 1st, my understanding is that you need to attend the interview before that.

[JoeF]

Hello,

 

My backgroud:

 

1. Completed a masters degree in US. Worked on OPT for one year.

2. Before expiration of OPT, Applied for second masters and started working on CPT. 

That's your problem right there.

You are abusing the F1.

CPT is not for working in some arbitrary job.

[rahul412]

rahul412: If I am working on my CPT on F1 status (Which is approved by DSO and USCIS knows this) how am I abusing F1 rules??  Will you please explain? 

Okay, I will but before that can you explain me what is meant by CPT work?? And before that why don't you just search in this forum why your CPT work is against F1. And if you cannot find the answer then, I will explain you in detail.

[rahul412]

rahul412: If I am working on my CPT on F1 status (Which is approved by DSO and USCIS knows this) how am I abusing F1 rules??  Will you please explain? 

1. when you have already finished your master's why did you joined for second master's??

2. You have joined the school to get a degree then why did you filed for H1 one year before graduation??

3. When you are interested in going to school, why did you took CPT instead of Pre-OPT.

 

And no, USCIS doesn't know that you were working in CPT because CPT is issued by the school not by USCIS. And when your H1 was filed USCIS has came to know about that and COS was rejected.

 

And most important question, what's the name of your school??

[himanshukalva]

@Akhilesh: you got H1 b approved while you were working on CPT that means USCIS knows that you are working on CPT so relax you are not abusing any F1. Do not worry .If you have been abusing you could not have got h1 visa. about your original question I have no Idea.I talked to attorney other day and she confirmed that working on CPT and if job is related to your course work(business analyst also work) then you are not abusing anything.

[rahul412]

@Akhilesh: you got H1 b approved while you were working on CPT that means USCIS knows that you are working on CPT so relax you are not abusing any F1. Do not worry .If you have been abusing you could not have got h1 visa. about your original question I have no Idea.I talked to attorney other day and she confirmed that working on CPT and if job is related to your course work(business analyst also work) then you are not abusing anything.

CPT is not issued by USCIS so they doesn't know about CPT work.

 

In this case, that's true that H1 is approved and H1 visa might be issued but according to rules it's clear that he abused CPT program. And remember one more thing nothing  is taken for granted w.r.t immigration. If that was the case, then all the students from **** won't face any immigration issues.

 

http://forum.murthy.com/index.php?/topic/62633-h1b-denied-due-to-my-college/

[JoeF]

@Akhilesh: you got H1 b approved while you were working on CPT that means USCIS knows that you are working on CPT so relax you are not abusing any F1. Do not worry .If you have been abusing you could not have got h1 visa. about your original question I have no Idea.I talked to attorney other day and she confirmed that working on CPT and if job is related to your course work(business analyst also work) then you are not abusing anything.

First, CPT is issued by the university.

Second, USCIS knows that the person is illegal, that's why they denied COS.

The OP IS abusing the F1 by working with a fake CPT.

[vinaythumu]

I am also having same issue.I have applied for status change from F1(CPT) to H1.H1 got approved but with denial notice.

 

Denail notice says that since you have submitted evidence that job offered by the Employer is required part of CPT program ,it does not meet defination of CPT .hence the benificiary is not continuing to maintain status pursuant

 

It is not evident that the duties the benficiary has been performing for your organization in CPT since at
least December 20 l 2 are duties that are an integral part of Goldey-Beacom's program goals for a Master of
Business Administration with a Concentration in information Technology. The record does not indicate
that the beneficiary has been or will be primarily engaged in developing and applying management,
marketing, corporate financial management, or leadership abilities. Rather the duties the beneficiary has
been performing lor your company, and will be performing pursuant to this petition, are more in line
with the duties of a Software Programmer.

 

I got advice by my attorney  either to apply for Motion to reopen or go for stamping since H1B is approved.

 

Please advice what should I do now?

[rahul412]

I got advice by my attorney  either to apply for Motion to reopen or go for stamping since H1B is approved.

 

Please advice what should I do now?

Follow your attorney and attend the interview.

Your post CLEARLY explains  that you are abusing CPT and why you are not eligible for CPT according to CPT rules.You messed up everything by abusing CPT.

 

It's been more than 5 yrs since ICE starting raiding the schools to find out  misuse of CPT program but still people continue to abuse it.

[rahul412]

And this to all the people who say that , school is issuing CPT so their is no problem to work in CPT then please just read #14.

So next time make sure that the JOB which you take up in the CPT "has to be part of your F1 program". And here everyone is SAFE expect the "student".

[JoeF]

I am also having same issue.I have applied for status change from F1(CPT) to H1.H1 got approved but with denial notice.

 

It is not evident that the duties the benficiary has been performing for your organization in CPT since at

least December 20 l 2 are duties that are an integral part of Goldey-Beacom's program goals for a Master of

Business Administration with a Concentration in information Technology. The record does not indicate

that the beneficiary has been or will be primarily engaged in developing and applying management,

marketing, corporate financial management, or leadership abilities. Rather the duties the beneficiary has

been performing lor your company, and will be performing pursuant to this petition, are more in line

with the duties of a Software Programmer.

Ahh, now we know for sure what we already suspected: that particular institution is as shady as TVU, ****, *************, ***, and all the other fake universities out there.

People need to stay away from ALL such institutions that abuse CPT.

[rahul412]

Ahh, now we know for sure what we already suspected: that particular institution is as shady as TVU, ****, *************, ***, and all the other fake universities out there.

People need to stay away from ALL such institutions that abuse CPT.

Their were lot posts by people mentioning that this school is offering CPT and now I am 100% sure that this school is under the ICE radar.

[vinaythumu]

Thanks for all for replies.I have set an appointment with Sheela Murthy on Monday(09/09) to advice on my case.

 

Before getting my H1B denial ,I transferred  to another university in august .Can I apply again for new cos( f1-h1B) with new school I20 ?

 

FYI I also have my I140 approved

[JoeF]

You are unlikely to get an F1, due to the I-140. The F1 doesn't allow immigration intent, but the I-140 shows that you have immigration intent.

With an I-140, forget about F1 once and for all.

[dreamer123]

Hi Akhilesh,

 

I am on the same boat as you and exact situation. 

 

Graduated Bachelors of Economics---Dec 2012

OPT ended -----------------------------------Feb2013

Joined GBC, MBA in IT, got my CPT - Jan 2013

H1b filed and selected in lottery ---------April 2013

H1b accepted --------------------------------June 2013

A new letter explaining Change of Status denial --- 2 days later H1b acceptance.

 

GBC was issuing bad letters for students- they specifically mentioned "CPT is not required for the program"?

 

They then revised the letter and said "CPT is an integral part of the program as long as it follows program's need" or smth between the lines.

 

So, I got the new version of the letter and filed the MTR (Motion to Reconsider)... have yet to hear from USCIS yet... keep me updated bro..

 

[rahul412]

GBC was issuing bad letters for students- they specifically mentioned "CPT is not required for the program"?

 

They then revised the letter and said "CPT is an integral part of the program as long as it follows program's need" or smth between the lines.

 

So, I got the new version of the letter and filed the MTR (Motion to Reconsider)... have yet to hear from USCIS yet... keep me updated bro..

It won't change the outcome unless and until you prove that your CPT work is part of your F1 program. And I guess you are currently working for an employer and that employer has filed for your H1 with your current project details,Am I right??

[COSGBC]

@Vinaythamu   Motion to reopen will not give you any status. Your F1 Status is terminated because COS denied. Only open option would be going for stamping, avoiding your illegal presence that would jeopardise in getting you visa or future visas.

[vinaythumu]

hello Everyone,

 

I got my H1B stamped  last week at Hyderabad and came back to US today.

 

Visa Interview questions -

1) Who is your employer?

2) How long  have you been staying in US?

3) Is the job Onsite ?

4)show your  payslips?

5)what do you do for your employer?

5)I took my family with me..They asked is your son US citizen,how long have you guys got married?

 

FYI, I have showed only H1 approval not the denial notice(Even interviewer havent asked anything about college)

[Poulami]

Hi Akhilesh,

 

Could you please tell me from which college you took your second masters and got your CPT?