RFE after first Time H1B Approval and Started

[divyap99]

Hello All,

 

I applied for H1B this year. I am on F1 CPT status when I applied for H1B. I applied in premium processing I got my h1B approval on April 18th 2014 and I my H1B is active from Oct 1st. So I drop out from college thinking that I dont have any problem. But on Oct 7th I got an RFE asking for my Status Maintenance during the time of application.

 

Now my concern is do I need to rejoin the college. To be on safe side. If I continue my college will there be any problem of moving from h1 to f1 if the uscis is not happy with the documentation.

 

Please to tell me what I have to do. 

 

Thank you very much for your help.

[jairichi]

So did you drop out of college immediately after H1B approval or after Oct 1st? If immediately after approval then you have an issue here as you were not on valid status and your CPT also might be an issue. How will you rejoin college?

[rahul412]

Hello All,

 

I applied for H1B this year. I am on F1 CPT status when I applied for H1B. I applied in premium processing I got my h1B approval on April 18th 2014 and I my H1B is active from Oct 1st. So I drop out from college thinking that I dont have any problem. But on Oct 7th I got an RFE asking for my Status Maintenance during the time of application.

 

Now my concern is do I need to rejoin the college. To be on safe side. If I continue my college will there be any problem of moving from h1 to f1 if the uscis is not happy with the documentation.

 

Please to tell me what I have to do. 

 

Thank you very much for your help.

When did you drop out from the college?? What was your status from Apr 18th to Oct 1st??

 

Forget about this going back to school, that's not so easy to do it.

[divyap99]

I drop out from course. On Oct 4th. 

[jairichi]

I drop out from course. On Oct 4th. 

Then send documents to USCIS to show that you maintained status till Oct 1st. Take the help of a good attorney.

[jairichi]

And, out of curiosity was your H1B petition approved as COS?

[rahul412]

I drop out from course. On Oct 4th. 

Did you get new I94 along with your H1 approval?

[divyap99]

I got my I-94 attached to my I-797A

[rahul412]

I got my I-94 attached to my I-797A

You said you were working on CPT, so how many months did you worked and for how many hours a week??

[divyap99]

I worked on Cpt for 11 months and I work for 40 hours. My College CPT allows me to work for 40 hours.

[rahul412]

I worked on Cpt for 11 months and I work for 40 hours. My College CPT allows me to work for 40 hours.

On F1 you worked 40hrs a week for 11 months. So what's the difference between full time job and your CPT job?? Did you had enough time to attend the classes after working 40hrs a week??

 

In other words, you worked illegally for 11 months on F1 status. Looks like USCIS came to know about this and issued RFE.

You killed your career in US, your H1 is in trouble. Contact an attorney ASAP.

[divyap99]

We use to have weekend classes. Only Saturday classes. 

 

You mentioned I worked illegally that means I cannot come back to U.S in any other type of visa like H4 as dependent after getting married to a H1 visa holder. 

 

Please to reply me.

[jairichi]

We use to have weekend classes. Only Saturday classes. 

 

You mentioned I worked illegally that means I cannot come back to U.S in any other type of visa like H4 as dependent after getting married to a H1 visa holder. 

 

Please to reply me.

Only weekend classes? That is abuse of CPT. Looks like your career is over in US. Talk to a good attorney.

[rahul412]

We use to have weekend classes. Only Saturday classes. 

 

You mentioned I worked illegally that means I cannot come back to U.S in any other type of visa like H4 as dependent after getting married to a H1 visa holder. 

 

Please to reply me.

You can enter on H4, but you cannot work on H1 since you have misused F1.