F1 to H1; Received I797B with COS denial

[I797B help]

Hello,

 

I received I797B with COS denial. I disagree with denial and looking to file for motion. I heard it might take 3-4 months. But I have these questions:

 

1. How long does it actually take for a motion to process? Is there a grace period before the H1 expires if not used by a certain date (I got mine approved for a year)?

2. Depending on when it approves, will the unused term of H1 be lost?

3. If it doesn't approve, what happens to my approved H1B? Will it cancel as well?

 

Before my H1 approved, I was on F1 with CPT for a year. I am continuing with F1 since the status did not change. 

 

4. What is my current status? Am I on F1 or H1? (My company lawyer says you are out of status and have to get stamping for h1; but my international student advisor says you're still on F1? Can the college check for current status?)

5. Can I defer my H1 until I finish my college? (for a year)

6. Or, will my H1 go for waste if unused? 

 

I am confused with the situation. Please suggest.

 

Thank you.

 

[jairichi]

Hello,

 

I received I797B with COS denial. I disagree with denial and looking to file for motion. I heard it might take 3-4 months. But I have these questions:

 

1. How long does it actually take for a motion to process? Is there a grace period before the H1 expires if not used by a certain date (I got mine approved for a year)?

2. Depending on when it approves, will the unused term of H1 be lost?

3. If it doesn't approve, what happens to my approved H1B? Will it cancel as well?

 

Before my H1 approved, I was on F1 with CPT for a year. I am continuing with F1 since the status did not change. 

 

4. What is my current status? Am I on F1 or H1? (My company lawyer says you are out of status and have to get stamping for h1; but my international student advisor says you're still on F1? Can the college check for current status?)

5. Can I defer my H1 until I finish my college? (for a year)

6. Or, will my H1 go for waste if unused? 

 

I am confused with the situation. Please suggest.

 

Thank you.

1. Depends

2. No

3. No

4. Should be F1 but depends on SEVIS, I20 and I94. Check with an independent attorney

5. Yes

6. No

[I797B help]

Thanks jairichi. 

 

What are my alternatives to get the COS approved without having to go for stamping? Is filing for motion the only way?

[jairichi]

Thanks jairichi. 

 

What are my alternatives to get the COS approved without having to go for stamping? Is filing for motion the only way?

Could you tell me why you disagree with denial of COS? Did you take opinion of an attorney? If not do it asap.

[rahul412]

Thanks jairichi. 

 

What are my alternatives to get the COS approved without having to go for stamping? Is filing for motion the only way?

what's the reason for COS denial?? MTR doesn't give you any legal status.

Your attorney is right, didn't he gave you any other suggestion??

[pontevecchio]

You need a Lawyer. You may get more help if you tell us why you think your H1 visa will be denied.

[I797B help]

rahul412 - i joined college/degree program in summer term, which the COS denial letter is stating to be below full-time for that specific term but i was enrolled as full-time only per college. i have already requested for clarification from college to send with motion. i even transfered to another college earlier this year (my SEVIS transfered without any issue) at which i am currently continuing the degree program and i am on f1 per college.

 

pontevecchio -  my H1 is approved. but i am worried about what will happen if motion is denied (in worst case).

[rahul412]

rahul412 - i joined college/degree program in summer term, which the COS denial letter is stating to be below full-time for that specific term but i was enrolled as full-time only per college. i have already requested for clarification from college to send with motion. i even transfered to another college earlier this year (my SEVIS transfered without any issue) at which i am currently continuing the degree program and i am on f1 per college.

Then why don't you do the same by attending visa interview and explain it to vo with that college letter?