F1 to H1 COS denied

[Kavya12]

Hi all,

 

My H1 got approved, but COS got denied as travelled out of country for family emergency when my application is process in May. I came back to US on my F1 and it is valid till 2016.

When I spoke to my attorney he said I to travel out of country and get it stamped and re-enter US to work on H1.

 

1) Instead of traveling out of the country in September, if I go for stamping in December, will my H1B be still valid?  

 

2) Can I continue on my F1 till December or will my SEVIS get terminate on Oct 1st? 

 

3) Do I have other options instead of going out of country to get my H1 started?

 

Your answers would be greatly appreciated.

 

 

[jairichi]

1. What will your status be till December? Will you be attending classes on F1?

2. Refer 1.

3. Employer has to file a cap exempt H1B petition on or after Oct 1st. Employer has to pay H1B fee again. No employer will be willing to pay twice for one H1B petition.

[rahul412]

 

1) Instead of traveling out of the country in September, if I go for stamping in December, will my H1B be still valid?  

 

2) Can I continue on my F1 till December or will my SEVIS get terminate on Oct 1st? 

 

3) Do I have other options instead of going out of country to get my H1 started?

1. Yes your H1 will be still active

2. But you need to on F1 that means you need to register for courses to maintain F1 status, if not your school will terminate your SEVIS

3. No.

[Kavya12]

Thanks a lot for your help.