H1B Visa application objected due to SEVIS Out of status


currentresident

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My wife was enrolled in an MS Course which allowed her to work on CPT simultaneously. My wife had an employer who filed for H1B which was approved. On Oct 1ST my wife informed her school that she wanted to drop off since the H1B had kicked in.

 

She came to India on Oct 19 and went for an interview  at the Embassy on Oct 23 where the counslar stated that her SEVIS record shows out of status. He kept her pass port and said he would have to investigate as in his system the reason for Out of Status was not popping up.

 

She was not given any colored slip but was told he would call her if needed. She gave the counslar her original I-20s.

 

Yesterday, she contacted her DSO at school who confirmed that she has always been on active status when in school. It seems like for the period Oct 1 through Oct 19, she became out of status.

 

We are not sure if I539 was filed with H1B application (is it necessary?)

 

Our return flight is on Nov 10TH. I am on H1B and my Visa was approved.

 

What options do we have?

 

P

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My wife was enrolled in an MS Course which allowed her to work on CPT simultaneously. My wife had an employer who filed for H1B which was approved. On Oct 1ST my wife informed her school that she wanted to drop off since the H1B had kicked in.

 

She came to India on Oct 19 and went for an interview  at the Embassy on Oct 23 where the counslar stated that her SEVIS record shows out of status. He kept her pass port and said he would have to investigate as in his system the reason for Out of Status was not popping up.

 

She was not given any colored slip but was told he would call her if needed. She gave the counslar her original I-20s.

 

Yesterday, she contacted her DSO at school who confirmed that she has always been on active status when in school. It seems like for the period Oct 1 through Oct 19, she became out of status.

 

We are not sure if I539 was filed with H1B application (is it necessary?)

 

Our return flight is on Nov 10TH. I am on H1B and my Visa was approved.

 

What options do we have?

 

P

Did your wife start working from Oct 1st 2013 as I believe her H1B was filed as change of status? Also, if you check this forum there are lot of posts based on CPT abuse during studies. Was your wife's CPT as per law?

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