H1 B approval, yet change of status denied

snowyj0

New Member
I was recently approved for an h1b however the INS sent out a letter stating that they had not approved the change of status request as they think i would be out of status from july 31st- oct 1st. They have asked me to go to my home country and stamp the visa and then come back and start work.

At the end of the letter they have said i can file a motion to reopen the case with the appropriate fee if i can prove otherwise. I have been in status and am taking kaplan gmat classes so i know i have not been out of status.

I am unsure of what form to fill out for the motion to reopen. Is it i-539? Or is it simply a letter from a lawyer, company as well as the proof to be sent to the INS? How long do u think it would take?

Please advise...!
 
This might not be the answer to your post but I just had a thought - Did those Kaplan guys process your paperwork for an I-20 correctly and in a timely manner? Coz this letter from INS means that you were (atleast in their records) not in any status (incl I-20) since July 31st.

Also is it feasible to apply for two separate status (I20 with Kaplan and H1 with your employer) at the same or overlapping times? And how much of a trouble is this kind of 'route' to avoid the gap between your expiration of OPT and H1, going to give at the time of H1 visa stamping?

Actually I am asking these questions since I am in a similar sitaution for the next year. Hope you dont mind these questions and do reply.

Thanks
Dee
 
more details

Can you please give more details on your case?

1. What visa you came to usa?
2. Do you have H1 approval or H1 stamp?
3. What is your nationality?
4. Did you finish 3 years of H1 or 6 years?

I will be in the similar boat next month. Your answers would be a great help to me.

Thanks in advance.

snowyj0 said:
I was recently approved for an h1b however the INS sent out a letter stating that they had not approved the change of status request as they think i would be out of status from july 31st- oct 1st. They have asked me to go to my home country and stamp the visa and then come back and start work.

At the end of the letter they have said i can file a motion to reopen the case with the appropriate fee if i can prove otherwise. I have been in status and am taking kaplan gmat classes so i know i have not been out of status.

I am unsure of what form to fill out for the motion to reopen. Is it i-539? Or is it simply a letter from a lawyer, company as well as the proof to be sent to the INS? How long do u think it would take?

Please advise...!
 
How do know you are in status, what is the proof? Can you put up the details?

snowyj0 said:
I was recently approved for an h1b however the INS sent out a letter stating that they had not approved the change of status request as they think i would be out of status from july 31st- oct 1st. They have asked me to go to my home country and stamp the visa and then come back and start work.

At the end of the letter they have said i can file a motion to reopen the case with the appropriate fee if i can prove otherwise. I have been in status and am taking kaplan gmat classes so i know i have not been out of status.

I am unsure of what form to fill out for the motion to reopen. Is it i-539? Or is it simply a letter from a lawyer, company as well as the proof to be sent to the INS? How long do u think it would take?

Please advise...!
 
Hi, I'm in the similar situation as snowyjo. OPT expired on July 31st and havent got my H-1 approved as of today. I wasnt sure if i'm still in status or do i have to leave the country.
My reciept date for H-1 is May 26th.
Please advice! :confused:
 
out of status, and waiting for h1B apporval

Hi all,

i am in a similar situation as snowyj0. i am out of status currently. My h1b approval will be coming through soon. I have a visa appointment in calgary, canada for oct 19th to get my h1b stamped.
but i am worried about the Temporary resisdent visa application to canada. can i tell the consulate in LA the truth: that i am out of status for 1 month, and that i am going to canada to get my h1B stamped?
if they know i am out of status will i be deported?
please help.

thanks,
trv.
 
hi nikki,

if your opt ewxpired on july 31st, you have till sep end to remain here legally. why don't you try and join kaplan before that to make yourself stable?

trv
 
Hi trv,
I talked to my lawyer today and he recommended that i change my status to B (visitor) just so that i'm not out of status. I will be out of status just 2 days but i dont want to take the risk so my lawyer is going to send my visitor visa application tomorrow.
As soon as my H-1 approval comes in I will go to vancouver to get it stamped.

Sorry, i'm not sure what to tell you about the canadian visa because i got mine 4 months ago when i was in status (OPT) just to make sure I would get it and not have any problems.

Hope you get your canadian visa!

~n
 
Hi,

I am also in a similar situation. I was out of US when I applied for H-1. And now I have H-1 approval without I-94. What are my options now? I have an interview date in vancouver consulate on 2nd October. Is it risky to go there for visa stamping? Please advice!!!
 
Hi Komal,
What country are you in right now, if you dont mind me asking??? I am also going to be going to Vancouver for my stamp. Not sure when though since I'm still waiting for my approval, its getting really frustrating now.

Hope you get your stamp!

~N
 
Answers

This might not be the answer to your post but I just had a thought - Did those Kaplan guys process your paperwork for an I-20 correctly and in a timely manner? Coz this letter from INS means that you were (atleast in their records) not in any status (incl I-20) since July 31st.

Also is it feasible to apply for two separate status (I20 with Kaplan and H1 with your employer) at the same or overlapping times? And how much of a trouble is this kind of 'route' to avoid the gap between your expiration of OPT and H1, going to give at the time of H1 visa stamping?

Actually I am asking these questions since I am in a similar sitaution for the next year. Hope you dont mind these questions and do reply.

Thanks
Dee


Ans: Hi Dee-- My paperwork was processed according to them in a timely manner. I have an 1-20, been attending classes etc. I dont know what else i have to do to be in status seriously. Well, u have to be in status during the time ure h1 takes to come...which means between 60 days of ure OPT expiration till ure h1b becomes active. Usually this problem doesnt occur, but i guess its my bad luck that they didnt have their records updated.

Q- Can you please give more details on your case?

1. What visa you came to usa?
2. Do you have H1 approval or H1 stamp?
3. What is your nationality?
4. Did you finish 3 years of H1 or 6 years?

I will be in the similar boat next month. Your answers would be a great help to me.

Thanks in advance.

Ans:

1- I came to the US on an F-1 visa and graduated in May 2005 with a Bachelors.
2- I have H1 Approval, however i need to get it stamped from my homecountry before i can start work.
3- Pakistan
4- This is my very first h1. Have not even started my career properly.

Q-How do know you are in status, what is the proof? Can you put up the details?
Ans: You are in status if you have a valid i-20 and if you are attending classes as well as have an unexpired passport which had your original visa on it.

Q- Hi, I'm in the similar situation as snowyjo. OPT expired on July 31st and havent got my H-1 approved as of today. I wasnt sure if i'm still in status or do i have to leave the country.
My reciept date for H-1 is May 26th.
Please advice!

Nikkib-- You are good till Sept 31st after which u need H1b approval or need to be in school. Please act fast if you have not recieved approval.

Q- Hi all,

i am in a similar situation as snowyj0. i am out of status currently. My h1b approval will be coming through soon. I have a visa appointment in calgary, canada for oct 19th to get my h1b stamped.
but i am worried about the Temporary resisdent visa application to canada. can i tell the consulate in LA the truth: that i am out of status for 1 month, and that i am going to canada to get my h1B stamped?
if they know i am out of status will i be deported?
please help.

thanks,
trv.

Ans: Why have you been out of status? Are you sure that you are out of status? I would suggest not going to stamp at this time if the letter from INS doesnt require you to do so. It's risky unless you have been in your 60 day grace period. Stick it out here, work and delay your stamping till you can!

Q- Hi,

I am also in a similar situation. I was out of US when I applied for H-1. And now I have H-1 approval without I-94. What are my options now? I have an interview date in vancouver consulate on 2nd October. Is it risky to go there for visa stamping? Please advice!!!

Ans: komal, whats your home country? Why not get it stamped from there since you are already out of the US.
 
I am in same boat.I was on F2 and applied for H1 2006.My H1 got approved but it has a statement saying that i have to go for stamping to india before starting working over here in US.

My employeer has applied for query with supporting documents.I am waiting for their reply.

Have you taken any steps regarding H1 reapplying over here in US.

Does any one know how much time it will take for this reprocedure.

Please Response.

Anisa
 
What you mean by MTR.

As u said it will take 2 months to receive I 94 over here.Is their any procedure to get it faster
 
Motion to reopen the case is the query that your employers must have filed. The INS woman told me its gonna take 60 days from here.
 
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