H1 petition approved..but change of status denied ! please HELP..

[nish]

What is the name of your state? Michigan

Hello,

I have a situation where my H1 petition was approved, but the change of status from F1 to H1 was denied. Apparently, I was out of F1 status at/before the time I applied for H1.

However, I've all the documentation to prove I was maintaining F1 status at all times. Now, the USCIS requires me to go out of the country and get the H1 visa approved, before I can begin work in the US.

Is there any way I can resolve the issue w/o leaving the US ? Please advise.

Thanks.

 

[ImmigAttyLana]

No, most likely you will have to leave the US and consular process abroad in order to make the H-1B valid. What proof do you have that you have been maintaining F-1 status at all times and, specifically, at the time you submitted the H-1B petition? Was that information included in the H-1B petition?

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[nish]

more details on F1-H1 transfer

Michigan

Thanks Lana. In response to your question about the type of evidence I have, I've fee receipts, enrollment appointment papers, Graduate assistant appointment papers, grade sheets,etc. to prove I was enrolled at the time of applying. Shouldn't that be sufficient to prove my status and resolve the issue from the US ?

If I do need to go to India, would you know anything about the difficulty level in getting H1 approval in a case like mine ?

Thanks in anticipation.

 

[ImmigAttyLana]

Without seeing exactly what was submitted with your H-1B petition and how it was presented and when it was submitted, I am unable to comment as to why it was not approved as a change of status from F-1 to H-1B. As for the difficulty in processing the H-1B visa abroad, much will depend on the Consulate and also you may just have to be prepared for a delay while the security clearance checks, which are now mandatory, have to be performed. For some, the checks take a few weeks, while others wait for several months. There is no way to predict how long your particular checks will take.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.