Is H1 rejection 60-day Grace period considered Out of status?


killershark599

Recommended Posts

Posted

Hi,

 

     My H1 got denied during the cap gap, making the cap-gap invalid. So, I was told to get my I20 transferred to another university within 60 day grace period. I got it transferred within the grace period. Now, after the I20 transfer, USCIS approved my H1 as we filed the Motion to reopen after rejection. But it denied the Change of Status from F1 to H1. Is it because the grace period was considered as out of status? Please let me know what you think mught be the reason.. I am still waiting for the official mail notice for the reason for change of status denial, but want to be preapared in any case. 

 

Thanks..

Posted

Hi,

 

     My H1 got denied during the cap gap, making the cap-gap invalid. So, I was told to get my I20 transferred to another university within 60 day grace period. I got it transferred within the grace period. Now, after the I20 transfer, USCIS approved my H1 as we filed the Motion to reopen after rejection. But it denied the Change of Status from F1 to H1. Is it because the grace period was considered as out of status? Please let me know what you think mught be the reason.. I am still waiting for the official mail notice for the reason for change of status denial, but want to be preapared in any case. 

 

Thanks..

Your H1B is approved so plan about going out of country and applying for a H1B visa rather than investigating denial of change of status.

Posted

Hi,

 

     My H1 got denied during the cap gap, making the cap-gap invalid. So, I was told to get my I20 transferred to another university within 60 day grace period. I got it transferred within the grace period. Now, after the I20 transfer, USCIS approved my H1 as we filed the Motion to reopen after rejection. But it denied the Change of Status from F1 to H1. Is it because the grace period was considered as out of status? Please let me know what you think mught be the reason.. I am still waiting for the official mail notice for the reason for change of status denial, but want to be preapared in any case. 

 

Thanks..

It depends on why your H1 was initially rejected and how your employer filed for MTR??

Posted

Hi,

 

     My H1 got denied during the cap gap, making the cap-gap invalid. So, I was told to get my I20 transferred to another university within 60 day grace period. I got it transferred within the grace period. Now, after the I20 transfer, USCIS approved my H1 as we filed the Motion to reopen after rejection. But it denied the Change of Status from F1 to H1. Is it because the grace period was considered as out of status? Please let me know what you think mught be the reason.. I am still waiting for the official mail notice for the reason for change of status denial, but want to be preapared in any case. 

 

Thanks..

When did you file MTR? Just wana know how long your wait time has been. Mine was filed a month ago.

Posted

Your H1B is approved so plan about going out of country and applying for a H1B visa rather than investigating denial of change of status.

Thanks for your reply. The problem I have with preparing to go out of country is that - I stopped working the day I got rejection,as per the rule. The University I joined does not give CPT until January.. so I am jobless right now..Now, how can I go for stamping without working for any client? Can I wait until Jan to get a job in CPT and then go for stamping? does USCIS allow that? or should I leave immediately?

Posted

It depends on why your H1 was initially rejected and how your employer filed for MTR??

The H1 was initially rejected citing employee-employer relationship..My employer filed for MTR saying that he provided everything we have to support the rlationship...

Posted

When did you file MTR? Just wana know how long your wait time has been. Mine was filed a month ago.

My MTR was reviewed in 3 days and approved... Looks like it is a 2 step process .. 1st step is about a week for basic verification. if they cannot find enough evidence to approve, they send it to 2nd step.. This might take anywhere from 1 month to 6 months as people told me...I guess I got lucky...

Posted

Thanks for your reply. The problem I have with preparing to go out of country is that - I stopped working the day I got rejection,as per the rule. The University I joined does not give CPT until January.. so I am jobless right now..Now, how can I go for stamping without working for any client? Can I wait until Jan to get a job in CPT and then go for stamping? does USCIS allow that? or should I leave immediately?

CPT is not for H1 job, so forget about it. Did you already worked in CPT?? what's the reason for your H1 rejection??

You are already in trouble, and now don't think of killing your future by working in CPT.

Posted

My MTR was reviewed in 3 days and approved... Looks like it is a 2 step process .. 1st step is about a week for basic verification. if they cannot find enough evidence to approve, they send it to 2nd step.. This might take anywhere from 1 month to 6 months as people told me...I guess I got lucky...

 

wow that is indeed lucky, just 3 days, imw aiting over a month now and not sure when a result would come. Well if your h1 already approved just re-enter and start working on h1b, why CPT?

Archived

This topic is now archived and is closed to further replies.