H1b approved but Change of Status denied. Filed MTR? now what...

[dreamer123]

Hello fellow immigrants,

 

Graduated Bachelors of Economics - Jan 2012

OPT ended on Feb 2013

Got into a Masters program (*********** college), MBA in IT -- Jan 2013

CPT started from Feb 2013.

H1b approval but change of status denail July 2013.

MTR filed ------------------------------------Aug 2013

 

I got my approval receipt already...

 

In a separate Change of Status letter.... this is their reason :

"

It was not evident that the benefìcîary's CPT is an integral part of an established curriculum. Therefore, on
May 14, 2013 you were requested to submit among other things, evidence of the benefìciary's current
major and that CPT  an integral part of an established curriculum.

(i) Curricular practical training programs. An F-l student may be authorized by the DSO to
participate in a curricular practical training program that is an integral part of an established
curriculum. Curricular practical training  defined to be alternative Work/ study, internship,
cooperative education, or any other type of required internship or practicum that is offered by
sponsoring employers through cooperative agreements with the school.

'On June 14, 2013 you responded with a statement from an Advisor/ DSO of ************* College,stating that the one credit CPT in which the beneficiary is enrolled is not required for the Master of
Business Administration and Management program. Since CPT is not an integral part of an established
curriculum and it is not required, the beneficiary is not continuing to maintain status pursuant to 8 CFR
214.2(f)(10). 

Therefore, the request to change the beneñciary's status is denied."

 

 

I am in dilemma... My change of status is not approved yet... Does that mean come October 1st, my H1b approval will be void and I need to file a new H1b application next year?

 

Please give me your inputs....

[rahul412]

I am in dilemma... My change of status is not approved yet... Does that mean come October 1st, my H1b approval will be void and I need to file a new H1b application next year?

 

Please give me your inputs....

So it's clear, you are working in CPT on F1 visa but against CPT rules, hence your COS is rejected. MTR is waste of time since their is a VALID reason for denial. You have to attend visa interview before Oct 1st.

[jairichi]

So it's clear, you are working in CPT on F1 visa but against CPT rules, hence your COS is rejected. MTR is waste of time since their is a VALID reason for denial. You have to attend visa interview before Oct 1st.

@ rahul412: I have a feeling that OP's visa application might get denied. What do you think?

[rahul412]

@ rahul412: I have a feeling that OP's visa application might get denied. What do you think?

No, not in every case.Their are ppl who got visa with this abuse on their records. But in this case, their are chances that OP's application will be rejected bcos COS was rejected so USCIS has updated his immigration record and it will be their forever.

 

But its not about the VISA, it's about the rules. USCIS will approve and reject the petitions at any time so in case even his visa is approved OP will be in trouble at sometime in future.It may be during next H1 and worst of all just before getting GC.

[jairichi]

No, not in every case.Their are ppl who got visa with this abuse on their records. But in this case, their are chances that OP's application will be rejected bcos COS was rejected so USCIS has updated his immigration record and it will be their forever.

 

But its not about the VISA, it's about the rules. USCIS will approve and reject the petitions at any time so in case even his visa is approved OP will be in trouble at sometime in future.It may be during next H1 and worst of all just before getting GC.

@rahul412: I understand now.

OP consult a good attorney asap.

[mitesh269]

Hello fellow immigrants,

 

Graduated Bachelors of Economics - Jan 2012

OPT ended on Feb 2013

Got into a Masters program (*********** college), MBA in IT -- Jan 2013

CPT started from Feb 2013.

H1b approval but change of status denail July 2013.

MTR filed ------------------------------------Aug 2013

 

I got my approval receipt already...

 

In a separate Change of Status letter.... this is their reason :

"

It was not evident that the benefìcîary's CPT is an integral part of an established curriculum. Therefore, on

May 14, 2013 you were requested to submit among other things, evidence of the benefìciary's current

major and that CPT  an integral part of an established curriculum.

(i) Curricular practical training programs. An F-l student may be authorized by the DSO to

participate in a curricular practical training program that is an integral part of an established

curriculum. Curricular practical training  defined to be alternative Work/ study, internship,

cooperative education, or any other type of required internship or practicum that is offered by

sponsoring employers through cooperative agreements with the school.

'On June 14, 2013 you responded with a statement from an Advisor/ DSO of ************* College,stating that the one credit CPT in which the beneficiary is enrolled is not required for the Master of

Business Administration and Management program. Since CPT is not an integral part of an established

curriculum and it is not required, the beneficiary is not continuing to maintain status pursuant to 8 CFR

214.2(f)(10). 

Therefore, the request to change the beneñciary's status is denied."

 

 

I am in dilemma... My change of status is not approved yet... Does that mean come October 1st, my H1b approval will be void and I need to file a new H1b application next year?

 

Please give me your inputs....

COS happened to 2 people i know. They went to canada for stamping and they both got approved. 

Please make sure to get client letter with you. and all other required documents. Check with your lawyer. DO NOT WORRY.

[rahul412]

COS happened to 2 people i know. They went to canada for stamping and they both got approved. 

Please make sure to get client letter with you. and all other required documents. Check with your lawyer. DO NOT WORRY.

Like I said before their is nothing to worry about the visa. But this CPT abuse will be on their records forever and it will bite them at some point. So its always better to follow the rules and it doesn't matter whether USCIS approves it or rejects it. If you follow the rules you will have upper hand EVERY-TIME.

[satya2k1]

Hi all,

 

In the above case, what  happens to H1B status if candidate does not go for visa stamping?  can he/she continue to maintain the current status? Will H1 be revoked?  If it is revoked then for example, the candidate finds another employment with better opportunity in say Dec, or Jan 2014, is he/she eligible for H1B under cap exempt in 2013-2014??

[rahul412]

Hi all,

 

In the above case, what  happens to H1B status if candidate does not go for visa stamping?  can he/she continue to maintain the current status? Will H1 be revoked?  If it is revoked then for example, the candidate finds another employment with better opportunity in say Dec, or Jan 2014, is he/she eligible for H1B under cap exempt in 2013-2014??

Your H1 starts on Oct 1st. So you need to get visa stamp done by Oct 1st.

So by default you will be on H1 from Oct 1st, but since COS was rejected you need to get new i94.

[satya2k1]

@ Rahul,,,

 

I understood that,,

but what happens to the approved H1B petition if candidate DOES NOT get new I94 on H1. I mean if he/she does not go to visa stamping..  Will it automatically revoked by USCIS on Oct 1st?  Can candidate stay in the US on the current/existing non-immigrant status/??   Is the candidate eligible for cap exempt H1B filing in case he/she finds a better job opportunity in this year?

[jairichi]

@ Rahul,,,

 

I understood that,,

but what happens to the approved H1B petition if candidate DOES NOT get new I94 on H1. I mean if he/she does not go to visa stamping..  Will it automatically revoked by USCIS on Oct 1st?  Can candidate stay in the US on the current/existing non-immigrant status/??   Is the candidate eligible for cap exempt H1B filing in case he/she finds a better job opportunity in this year?

I believe if your current I94 stays valid you are in that status. Yes, a cap exempt petition may be filed but you will face the same scrutiny as COS was denied (as this will be a record with USCIS)

[rahul412]

 Will it automatically revoked by USCIS on Oct 1st?  Can candidate stay in the US on the current/existing non-immigrant status/??   Is the candidate eligible for cap exempt H1B filing in case he/she finds a better job opportunity in this year?

H1 revoking should be done by employer then USCIS approves that revocation. But I don't know what will be his/her status after Oct 1st.

Yes, once your initial H1 is approved you will be cap exempt next time.

[satya2k1]

Thanks, guys..

[dreamer123]

COS happened to 2 people i know. They went to canada for stamping and they both got approved. 

Please make sure to get client letter with you. and all other required documents. Check with your lawyer. DO NOT WORRY.

really? were they from GBC? October 1st starts next week and I am in a severe crunchtime... i dont even know if i can make a visa appointment by next week...let alone get a canadian visa to cross border then get interview.

[dreamer123]

H1 revoking should be done by employer then USCIS approves that revocation. But I don't know what will be his/her status after Oct 1st.

Yes, once your initial H1 is approved you will be cap exempt next time.

I am in the middle of a MTR, no reply from CIS yet... october 1st is due next week and I have not yet heard a response from my MTR.

on that basis, would my H1b get revoked or invalid on October 1st?

 

worse thing is, my school SEVIS indicates that i will be on H1b starting october when it clearly isnt the case.

[rahul412]

I am in the middle of a MTR, no reply from CIS yet... october 1st is due next week and I have not yet heard a response from my MTR.

on that basis, would my H1b get revoked or invalid on October 1st?

 

worse thing is, my school SEVIS indicates that i will be on H1b starting october when it clearly isnt the case.

Contact an attorney. I guess MTR doesn't provide you any legal status.

[sandr01]

Even mine is on MTR, no reply yet, i have no idea how long to wait. It's been a month, i have already informed my school that my h1b is denied and MTR pending. My opt still valid so they gave me the standard "until your opt ends + 60 days grace period" as my legal status days. So unless you are in any of these time frames, you are in trouble.

 

I am in the middle of a MTR, no reply from CIS yet... october 1st is due next week and I have not yet heard a response from my MTR.

on that basis, would my H1b get revoked or invalid on October 1st?

 

worse thing is, my school SEVIS indicates that i will be on H1b starting october when it clearly isnt the case.