H1 processing - 2nd RFE. Will withdrawing H1 application keep the Sevis(F1) active?

[drakeJr]

Hello! One of my friend is currently on Day 1 CPT program and their h1 is picked and under processing with a 2nd RFE request to provide evidence for all previous OPT employment and prove if student has maintained status effectively. I have couple of questions here,

1) one of the company listed on condidate's previous employer is black listed (Az tech). What are the chances of H1 being approved and CoS (change of status) being denied. Our understanding is if we respond with all the documents and since candidate was unpaid during their stem OPT. F1(sevis) will be terminated and there is a 5% chance H1 may be approved for consular processing.

2) Worst case scenario if both F1(sevis) and H1 isn't approved or cancelled. Is it good to withdraw the H1 application so candidate can remain on F1 and look at further options?

What do you suggest in this case is the best approach, if candidate has to stay in states for a year or two until Canada PR processing is complete. The candidate wasn't aware of the previous employment and joined the company to get a job but got into the trap. Every other employment was paid and legal for during OPT, Stem OPT and CPT, except for that one year

[rkk09]

Hi Member,
1) one of the company listed on candidate's previous employer is black listed (Az tech). What are the chances of H1 being approved and CoS (change of status) being denied. Our understanding is if we respond with all the documents and since candidate was unpaid during their stem OPT. F1(sevis) will be terminated and there is a 5% chance H1 may be approved for consular processing.
Answer: There are some days acceptable as unemployment under OPT and STEM OPT (Per my knowledge, it might be 180 and 90 days) the worst scenario, it might be approved with consular processing.
2) Worst case scenario if both F1(sevis) and H1 isn't approved or cancelled. Is it good to withdraw the H1 application so candidate can remain on F1 and look at further options?
Answer: If you respond the RFE and it got denied then you dont want to take any action on H1B unless you prefer for MTR. Otherwise, you can continue with F1 status, if you already maintained the same status.
Thanks

[drakeJr]

Hi Member,
1) one of the company listed on candidate's previous employer is black listed (Az tech). What are the chances of H1 being approved and CoS (change of status) being denied. Our understanding is if we respond with all the documents and since candidate was unpaid during their stem OPT. F1(sevis) will be terminated and there is a 5% chance H1 may be approved for consular processing.
Answer: There are some days acceptable as unemployment under OPT and STEM OPT (Per my knowledge, it might be 180 and 90 days) the worst scenario, it might be approved with consular processing.
2) Worst case scenario if both F1(sevis) and H1 isn't approved or cancelled. Is it good to withdraw the H1 application so candidate can remain on F1 and look at further options?
Answer: If you respond the RFE and it got denied then you dont want to take any action on H1B unless you prefer for MTR. Otherwise, you can continue with F1 status, if you already maintained the same status.
Thanks

Thanks for your response. What if the employment with the company is greater than 240 days and counted towards unemployment? Will they still approve h1 for consular processing?

I have seen cases where both H1 application being denied and F1 being terminated, will that be a case here? @rkk09

[rkk09]

Hi Member,
What if the employment with the company is greater than 240 days and counted towards unemployment? Will they still approve h1 for consular processing?
Answer: If unemployment durations are more than acceptable days then there will be possibilities of petition denial.
I have seen cases where both H1 application being denied and F1 being terminated, will that be a case here?
Answer: It may happen, due to the unemployment days. But I could see some cases, it got approved with consular notification.
Thanks