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 Change of Status- Denied
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Posted on 02-10-14 11:19 AM     Reply [Subscribe]
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Hi Friends,

I am in a situation with my H1B. I recently got a notice that my H1B is approved. However, the notice also mention that I am not eligible for change of status. In order to change the status, I would have to get the visa stamping from Nepal.

I am currently working in a F1 status with CPT I-20. My employer is a consultant company and they have asked me to get the visa stamp as soon as possible and told me that I cannot continue to work until I get the visa.

I was wondering if anyone has similar situation and share with me with the process that you took to resolve this issue.

I would be really grateful.

Thanks,
 
Posted on 02-10-14 12:13 PM     [Snapshot: 102]     Reply [Subscribe]
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CPT ko end date kaile ho?
when was your h1b filed and approved?
need adequate information to reply.
 
Posted on 02-10-14 12:41 PM     [Snapshot: 138]     Reply [Subscribe]
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Hi,

Thank you for responding. My CPT end date is May 2, 2014. My H1B was approved on Feb 2, 2014 and it is valid till August 26, 2016.

I am not sure if I can continue to go to school until I get my visa stamp.

I believe the reason my change of status is denied is because of my job duties does not align with my course of study.

What are my options in this situation? Please share any information you have.

Thanks,

Much appreciated...

 
Posted on 02-10-14 12:56 PM     [Snapshot: 150]     Reply [Subscribe]
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Actually, it was approved on Feb 3, 2014. I have applied in April 2013 for the H1B.
 
Posted on 02-10-14 1:13 PM     [Snapshot: 194]     Reply [Subscribe]
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when is your last date of cpt?
I think bcoz it was filed in April 2013 and approved in feb3 014, you can start working on h1b as it is already effective on Oct 1st 2013.
Better consult with a lawyer or the more experienced geek.
 
Posted on 02-10-14 1:31 PM     [Snapshot: 223]     Reply [Subscribe]
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sdangol,

It seems that your change of status is not denied, but its been approved for consular processing. You need get your H1B visa stamped in Nepal since this is your first time on H1b. For now, as long as you maintain you status on F1 you can legally work on cpt.

There is also a way to may be avoid the stamping, IM me for that.
 
Posted on 02-10-14 1:39 PM     [Snapshot: 239]     Reply [Subscribe]
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My employer is suggesting me to go to Nepal for stamping. I am still trying to contact the lawyer and figure out the possibilities.

Some of my Indian friends told me to go to Jamaica. They have been going there and almost of of their friends got their Visa approved.

I am nervous and puzzled at this moment.

One more thing. I have old passport without Bar code. It is valid till 2015. Can I use the old passport for stamping.

Any information you have please share with me..




 
Posted on 02-10-14 1:42 PM     [Snapshot: 251]     Reply [Subscribe]
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yes you will be fine going for stamping in Nepal. Just take all the necessary stuff.
were you working when your H1B was filed?
and you are working with the same company that filed your H1B?

dont go for JAmaica
 
Posted on 02-10-14 1:45 PM     [Snapshot: 268]     Reply [Subscribe]
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Yes, I am with the same company and same client with whom I filed H1B from.
 
Posted on 02-10-14 1:48 PM     [Snapshot: 269]     Reply [Subscribe]
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Then you should not be worried about it. you need to take proper documents and get it done. Let me know if you need the list. I have had few people who went to nepal for stamping recently and no issues. Only after you come back on H1B you can be on H1b status.
 
Posted on 02-10-14 1:53 PM     [Snapshot: 284]     Reply [Subscribe]
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Thank you so much. Sure, please send me the list of documents that is needed for Visa stamping.
Also, is my old passport still valid?? How do I schedule a date with US embassy in Nepal? Any details please share with me.
 
Posted on 02-10-14 2:36 PM     [Snapshot: 358]     Reply [Subscribe]
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http://sajha.com/sajha/html/index.cfm?threadid=106388&noofposts=26

check that out, it has the doc list. i added few in the bottom too. :) good luck
 
Posted on 02-10-14 3:49 PM     [Snapshot: 424]     Reply [Subscribe]
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i still would like to highly recommend you to be very sure before you decide to go to Nepal for h1b stamping. Getting relevant information from the lawyer is the better option.
My Case:
My CPT ended on Sep 16 2013. H1b was filed on April 2013 and was approved on April itself as i did premium processing. As h1b only gets effective on October 1st, between September 16 2013 to October 1st 2013, I was on unpaid vacation.
My contract ended as well so I found the new job and did h1b transfer.
I had many offers and many suggested me to go to canada or nepal for visa stamping before i go with h1b transfer.
Guess what!! i filed my h1b transfer with new company(premium processing) and it got approved within two weeks. I didn't have to go anywhere for visa stamping.

So be sure, before you make any decision.
I still don't understand.
When your h1b filed on april 2013 got approved on feb 2014, then on the very day, October 1st itself your status was changed from f1 to h1b. Then why do you need visa stamping?
Please ask for your company attorneys to provide relevant information which is their responsibilities.
Good luck.
Last edited: 10-Feb-14 03:49 PM
Last edited: 10-Feb-14 03:53 PM

 
Posted on 02-10-14 4:01 PM     [Snapshot: 449]     Reply [Subscribe]
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But, It clearly mentions in the HIB approval notice that I can only get H1B visa only if I go out of country and get it. It also says that it is not guaranteed though.

My case would be little different since change of status is not approved. So, currently, I am not in H1 status. So, I don't think I can transfer employees and get the H1 B.

Now I am considering to go to Nepal or Canada. But, I am not being able to decide the country for the visa stamp.

I have an appointment with my lawyer tomorrow. Let's see what he recommend.




 
Posted on 02-11-14 8:47 AM     [Snapshot: 754]     Reply [Subscribe]
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In that case follow as your lawyer suggests. Good luck.
 
Posted on 02-23-14 5:26 PM     [Snapshot: 1226]     Reply [Subscribe]
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I have the similar situation, if you want to discuss, call me at 6614360487
 
Posted on 02-25-14 12:58 PM     [Snapshot: 1580]     Reply [Subscribe]
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This sucks man, good luck
 
Posted on 07-02-15 12:40 PM     [Snapshot: 3192]     Reply [Subscribe]
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sdangol,
I am in same situation now. My H-1B has been approved but change of status has been denied because of two reasons - CPT and my undergrad course of study doesn't align with my job duties. So can you please let me know what happened to your situation? Did you go out of the US for visa stamping and how was your visa stamping experience?

If anybody has any similar experience, please don't hesitate to share your experiences. Thanks in advance for your help!!


 
Posted on 07-02-15 12:48 PM     [Snapshot: 3202]     Reply [Subscribe]
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h1b pare ni tension napare ni tension, kasto ghado ho yo status,
 


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