H1B approved but COS denied


dannyarcher

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I have filed H1B petition this year and is approved but Change of Status is denied due to CPT issue as I am currently enrolled as Full time CPT student @ ***.

I have received I797C with the consulate name: Hyderabad on it.

 

Questions:

 

  • Do I need to go to Hyderabad as it is specifically mentioned on the I797C that USCIS has sent a notification of the approval of the classification to the consulate mentioned above.
  • Can I go to consulate other than Hyderabad, if yes do I need to file I824 since it is specifically mentioned on I797C that if the worker will apply for a visa at a consulate mentioned other than above petitioner should file I824.
  • I797C also has information specified that I am currently out of status so therefore the Change of status is denied. Would you be able to tell me how long I can stay in US?(Current I20 validity is till Aug24)

 

I will appreciate you response.

 

 

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In other words, you are abusing CPT.

That "university" you are attending (I assume in San Jose, CA, the name is blocked here)  is a fraud.

You are likely to get into trouble with getting an H1 visa as well.

Why oh why do people gamble with their future in the US with this CPT abuse???

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  • I797C also has information specified that I am currently out of status so therefore the Change of status is denied. Would you be able to tell me how long I can stay in US?(Current I20 validity is till Aug24)

 

 

Since USCIS has made an affirmative finding that you are out-of-status, your I-20 is for all effects useless at this point. Your only hope to recover from this situation is to go to the Hyderabad consulate and apply for the H1B visa. If approved, this "cleans your slate". They may refuse the visa based on your past violations of immigration law.

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I have filed H1B petition this year and is approved but Change of Status is denied due to CPT issue as I am currently enrolled as Full time CPT student @ ***.

I have received I797C with the consulate name: Hyderabad on it.

Well that's the reason for COS denial.

Do whatever mentioned in your H1 approval, and stop working in CPT from today.

Link to comment

In other words, you are abusing CPT.

That "university" you are attending (I assume in San Jose, CA, the name is blocked here)  is a fraud.

You are likely to get into trouble with getting an H1 visa as well.

Why oh why do people gamble with their future in the US with this CPT abuse???

eyeTeeyou  ?

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