F-1 to H1-B Approval with I-797B COS denied

[chikzz]

I finished my bachelors in 2008 in US in Accredited state university.
In 2009 took admission in Master and finished in 2010 December.
Worked for 1 year on OPT (Dec 2010-Dec 2011). The company I worked didn’t file H1. Thus took admission in International Technology University (CA) starting 2012 January in Master of Soft Eng. This is my second master. My first master was in Accounting.
Meanwhile I got job in Chicago as BA and started working fulltime on CPT from 1st semester.
In April 2012 my employer missed filing H1 so I continued working on CPT.
I was traveling from Chicago-CA (as classes were weekend classes)
In 2013 my employer filed H1.
I received RFE about my school status. My employer provided all the documents requested in RFE (fee receipts, travelling tickets, transcripts, student id, course requirement- etc). My H1 was filed in premium processing.

I received I-797B, but with COS denied. The reason given was
1- My school term as per transcript is spring 2011- 2012 term. Which starts in January 2012, but my I-20 says January 17, 2012 – January 2014.( it’s the way the school terms operate)
2- CPT is allowed after completion of 1 academic year. (But what I know is, this being my second masters in USA this rule doesn’t apply in my case, but I might be wrong, and it was an integral part of my studies as per the course requirement provided by college.)
3- Did not receive 2012-2013 (means 2012 Fall semester) fee receipt. (It was submitted in rfe)

Thus I did not maintain my status was the reason given and leaves beneficiary w/o lawful immigration status.
Based on this decision I and my employer decided to file MTR (I personally felt I have maintained my student status). In meantime- I maintained my student status and continued working on CPT. I consulted other lawyer & I was told to maintain my student status, but if immigration ultimately disagrees with my MTR filed then I will be out of status and have accrued unlawful presence.

It’s been 5 months, but I have no response.

Finally I decided to go India for stamping as I had completed 181 days & did not wanted to accrue over 180 days.

Questions are:

1- My current project I am working is ending February mid and by the time I take appointment it will mid-February.
2- What are chances of getting H1 stamped?
3- What documents I should carry, beside I-129, I-797, Vendor letter etc
4- What sort of questions should I prepare?
5- What should I be prepared for overall.



Would appreciate any response/help!!

[Nattybone]

Sorry to hear about the decline, Chikzz.

I have one question, i was of the opinion that CPT is generally for a semester (like 2-3 months). One obtains Practical Training in lieu of a study credit. Could you help me understand the difference between OPT and CPT, and which one do you fall under?

I feel the USCIS authorities were thinking how could someone be studying full time along with having a full time job. I understand you had weekend classes, but does the USCIS feel convinced or not, is what matters.

What i have learned is that one could appeal the denial, but even if the appeal is approved, one is required to leave the country and re-enter with a fresh visa.

For H1B stamping, my thoughts are:
a) You should carry all documents - employment and education (as it is the education status that got you into this spot, carry all college papers too).
b) Visa outcomes are generally unknown, so what you can do is be positive and try your best.
c) They will want to investigate the college and work matter, i feel. They will ask you how you managed to work and study - both full time.

While you find yourself in a difficult spot, do not let it overwhelm you. Be positive and confident.

Wishing you luck.

These are my personal thoughts, i am not a professional.

Cheers,

I finished my bachelors in 2008 in US in Accredited state university.
In 2009 took admission in Master and finished in 2010 December.
Worked for 1 year on OPT (Dec 2010-Dec 2011). The company I worked didn’t file H1. Thus took admission in International Technology University (CA) starting 2012 January in Master of Soft Eng. This is my second master. My first master was in Accounting.
Meanwhile I got job in Chicago as BA and started working fulltime on CPT from 1st semester.
In April 2012 my employer missed filing H1 so I continued working on CPT.
I was traveling from Chicago-CA (as classes were weekend classes)
In 2013 my employer filed H1.
I received RFE about my school status. My employer provided all the documents requested in RFE (fee receipts, travelling tickets, transcripts, student id, course requirement- etc). My H1 was filed in premium processing.

I received I-797B, but with COS denied. The reason given was
1- My school term as per transcript is spring 2011- 2012 term. Which starts in January 2012, but my I-20 says January 17, 2012 – January 2014.( it’s the way the school terms operate)
2- CPT is allowed after completion of 1 academic year. (But what I know is, this being my second masters in USA this rule doesn’t apply in my case, but I might be wrong, and it was an integral part of my studies as per the course requirement provided by college.)
3- Did not receive 2012-2013 (means 2012 Fall semester) fee receipt. (It was submitted in rfe)

Thus I did not maintain my status was the reason given and leaves beneficiary w/o lawful immigration status.
Based on this decision I and my employer decided to file MTR (I personally felt I have maintained my student status). In meantime- I maintained my student status and continued working on CPT. I consulted other lawyer & I was told to maintain my student status, but if immigration ultimately disagrees with my MTR filed then I will be out of status and have accrued unlawful presence.

It’s been 5 months, but I have no response.

Finally I decided to go India for stamping as I had completed 181 days & did not wanted to accrue over 180 days.

Questions are:

1- My current project I am working is ending February mid and by the time I take appointment it will mid-February.
2- What are chances of getting H1 stamped?
3- What documents I should carry, beside I-129, I-797, Vendor letter etc
4- What sort of questions should I prepare?
5- What should I be prepared for overall.



Would appreciate any response/help!!