I was working company A until Dec 15 2002 and Company B flied H1B transfer on Dec 14 2002. Since Jan of 2003, I decided to resume attending University, for my Masters Degree, and work, both on a full-time basis.
The petition filed by company B was denied on April 14, 2003, because the petitioner "failed to establish that a four year degree was required". With that decision, I immediately stopped working. Company B filed an appeal on May 14 2003 to this decision. The appeal was supplemented with additional evidence from my employer, as well as, a professional opinion regarding the job requirements.
Because I have continued in the Masters program at University, I subsequently got my I-20 was issued on May. 3, 2003 (School code xxxxxx approval date: 01/02/2003). I also applied to Extend/Change Non-immigration status from H-1B to F1 on May 5th, 2003 which is still pending.
I sent email to my home country US consulate and asked them same questions. They wrote me "As long as you are still studying at University, you status will remain as a student. After you have obtained your Masters Degree and you do not find a job or do any type of practical training, you may have to leave the US with in a month. Please check with the INS, they will be able to help you to understand status of your visa. Hope you find this information helpful"
I spoke with some Attorney and told me “My F1 might approve”. Some said 3 year bar might apply to me.
One of my friend has same problem in his H1B was denied on May 21, 2003 and he applied for New H1B from same company, which was approved Jun 17, 2003 using premium processing.
Appreciate any input any suggestions.
Thanks
The petition filed by company B was denied on April 14, 2003, because the petitioner "failed to establish that a four year degree was required". With that decision, I immediately stopped working. Company B filed an appeal on May 14 2003 to this decision. The appeal was supplemented with additional evidence from my employer, as well as, a professional opinion regarding the job requirements.
Because I have continued in the Masters program at University, I subsequently got my I-20 was issued on May. 3, 2003 (School code xxxxxx approval date: 01/02/2003). I also applied to Extend/Change Non-immigration status from H-1B to F1 on May 5th, 2003 which is still pending.
I sent email to my home country US consulate and asked them same questions. They wrote me "As long as you are still studying at University, you status will remain as a student. After you have obtained your Masters Degree and you do not find a job or do any type of practical training, you may have to leave the US with in a month. Please check with the INS, they will be able to help you to understand status of your visa. Hope you find this information helpful"
I spoke with some Attorney and told me “My F1 might approve”. Some said 3 year bar might apply to me.
One of my friend has same problem in his H1B was denied on May 21, 2003 and he applied for New H1B from same company, which was approved Jun 17, 2003 using premium processing.
Appreciate any input any suggestions.
Thanks
