I was working in USA on H1B VISA (valid until 08/31/2003).I was laid off on 04/11/2002. I got an admission in University well before 04/11/2002. I applied for H1b to F1 transfer on 04/11/2002. Yesterday, I got a letter from INS that they rejected my H1B to F1 transfer, and they gave the following reason for the same :
The extension of status can not be approved because the H1b status is for nonimmigrant workers ceased when the employment for the authorized employer ceased. Also, it is believed it may have ended earlier since the copy of the I129 shows your job location given the service was the "Same as in Part 1 above." Part 1 contained your employer\'s address in Edison, NJ and your I129 was approved by Vermont Service Center. The pay stub you submitted showing employment prior to 4-11-02 give your present address in Richardson, TX. If your job location was in Texas at any time, Your H1B status was not maintained at that time.
They asked me to leave US within 181 days. They also said that I may file a motion to reopen or reconsider under 8 CFR 103.5.
My wife is also working here in TX on H1B visa, Is there any posibility to get H4 VISA Status now.
Waiting for your reply...
The extension of status can not be approved because the H1b status is for nonimmigrant workers ceased when the employment for the authorized employer ceased. Also, it is believed it may have ended earlier since the copy of the I129 shows your job location given the service was the "Same as in Part 1 above." Part 1 contained your employer\'s address in Edison, NJ and your I129 was approved by Vermont Service Center. The pay stub you submitted showing employment prior to 4-11-02 give your present address in Richardson, TX. If your job location was in Texas at any time, Your H1B status was not maintained at that time.
They asked me to leave US within 181 days. They also said that I may file a motion to reopen or reconsider under 8 CFR 103.5.
My wife is also working here in TX on H1B visa, Is there any posibility to get H4 VISA Status now.
Waiting for your reply...