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H1B Visa Denied Stating that F1 Status was not maintained - Advice needed
Hello Friends,
My brother had completed MS in USA in Oct 2015 and have maintained the F1 Status by working as Intern and joined full time work from June 2016.
Given this scenario , During the April 2017 My brother's new H1B Petition was filed by his employer in USA, H1B got picked in lottery and subsequently there was an RFE. His employer responded back to RFE , but did not submit the documents with respect to maintenance of F1 Status after graduation until he started working in June 2016.
Because of this reason , the H1B has been denied , though my brother has all the proofs and valid documents to prove his legal status.
In the Denial notice , it has been mentioned that it is Illegal to stay in the country by violating the immigrant status and "The Beneficiary is present in United States Violation of Laws" . Upon receipt of this Denial Notice , My brothers employer has submitted Form I-290B with the documents supporting his Valid Status Maintenance.
What should my brother do in this Circumstance ?? Does he need to visit USCIS Office and prove his F1 Status or he need to wait on the decision of Form I-290B.
Looking forward for your advice
Thnx
Sri
My brother had completed MS in USA in Oct 2015 and have maintained the F1 Status by working as Intern and joined full time work from June 2016.
Given this scenario , During the April 2017 My brother's new H1B Petition was filed by his employer in USA, H1B got picked in lottery and subsequently there was an RFE. His employer responded back to RFE , but did not submit the documents with respect to maintenance of F1 Status after graduation until he started working in June 2016.
Because of this reason , the H1B has been denied , though my brother has all the proofs and valid documents to prove his legal status.
In the Denial notice , it has been mentioned that it is Illegal to stay in the country by violating the immigrant status and "The Beneficiary is present in United States Violation of Laws" . Upon receipt of this Denial Notice , My brothers employer has submitted Form I-290B with the documents supporting his Valid Status Maintenance.
What should my brother do in this Circumstance ?? Does he need to visit USCIS Office and prove his F1 Status or he need to wait on the decision of Form I-290B.
Looking forward for your advice
Thnx
Sri
