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
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