Change of status denied

manko

New Member
I got my H1b approved but the change of status was denied. In denying the the change of status the USCIS wrote this on the I797 approval notice THE STATUS PREVIOUSLY ACCORDED THE WORKER HAD EXPIRED BEFORE THIS PETITION WAS FILED. THEREFORE THE WORKER WAS OUT OF STATUS WHEN THIS WAS FILE. THUS THE WORKER IS NOT ELIGIBLE FOR THE REQUESTED CHANGE OF STATUS
my question is my status had not expired when i filed for the H1b. My opt expired in june 8 2007 and the H1B filing was done in april of 2007. the lawyer hired the company tells me this is how is how a change of status denial is reported by the USCIS even though i was not out of status when the petition was filed. is the lawyer right
 
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