I797 B help Posted September 14, 2013 Report Posted September 14, 2013 Hi My H1B got approved this year but my change of status was denied. I received a I797 B with no I-94. I want to transfer this H1B to a new company (Direct hire). Can I do it prior to stamping in India? Can I go to stamping after OCT 1 2013? Thank you
omshiv Posted September 16, 2013 Report Posted September 16, 2013 When does your Previous I-94 expire?..what status are you in currently?
I797 B help Posted September 16, 2013 Author Report Posted September 16, 2013 I'm on F1. They declined the change of status saying my CPT work does not match with my MBA degree and I was not fully Full time enrolled student while my h1B application was submitted. Please let me know Thanks
jairichi Posted September 16, 2013 Report Posted September 16, 2013 I'm on F1. They declined the change of status saying my CPT work does not match with my MBA degree and I was not fully Full time enrolled student while my h1B application was submitted. Please let me know Thanks You will be in trouble when you go for visa stamping. Wait for other members to give you specific inputs based on your situation.
omshiv Posted September 16, 2013 Report Posted September 16, 2013 I'm on F1. They declined the change of status saying my CPT work does not match with my MBA degree and I was not fully Full time enrolled student while my h1B application was submitted. Please let me know Thanks you have been doing some illegal stuff here with CPT...you'll be in big trouble.
I797 B help Posted September 16, 2013 Author Report Posted September 16, 2013 I have not done anything illegal from my side. School Approved my CPT. Secondly why do they approve my H1B then? I got it for three years.
rahul412 Posted September 16, 2013 Report Posted September 16, 2013 I have not done anything illegal from my side. School Approved my CPT. Secondly why do they approve my H1B then? I got it for three years. Of course every school will approve CPT, but did you used your CPT according to the rules?? What's the name of your school?? USCIS had some proof to prove that your CPT work was illegal that's why COS was rejected. Now what's the use of H1 approval when your cos is rejected??
mitesh269 Posted September 19, 2013 Report Posted September 19, 2013 I have not done anything illegal from my side. School Approved my CPT. Secondly why do they approve my H1B then? I got it for three years. The fact They approved your H1b application because they make $, otherwise they could have rejected your application at the same time when you applied for. Now, your case is seems like you are in a trouble, because you DID NOT use the CPT the way it has to. For example if you work as a Software developer then you need to enrolled for classes which is related to your work(Java or C++, Any other programming language). Its complicated and you have to be very careful when you use CPT while H1b application is on pending. May i know which school was it? Other than that why you didn't register as a Full time student? This may cause you trouble when you go for interview because you were not full time student when you was using CPT. My two friends got approved with their COS with similar case just like you, but the only difference is they have use CPT from day one which is related to their job field. They have enrolled for Soft engineering course because their job was sof developer. and that is why they both got Approved the COS and Interview. Goodluck to you!
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