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 Scholl says h1 approved but USCIS says its pending -- help please
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Posted on 02-14-15 1:52 AM     Reply [Subscribe]
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Hello

My case is kind of strange. I was working on CPT while I field for H1(2014). I didn't do the premium because I heard that its very common to get RFE for premium (I know I am idiot).
But still got a long list of RFE, submitted the RFE and was waiting for the decision.

Few weeks back when I asked for the CPT documents, my school said that can't issue it because as per my SEVIS record my change of request has been approved (I was dammn happy) but when I checked my case status on USCIS it showed it as Pending (Still shows pending)

Conacted the lawyer and got the same resposne (case is pending),
contacted USCIS and got the same response (Case is pending).
School says my sevis is auto terminated because of the approval of the change request.

To make it worse, today my employer (who filed for h1 and with whom I was working on CPT) called me and that I had leave the job from Monday, as I dont' have any work authorization document.

Now, can you guys have any advice what I Should be doing Next? And if lets say if I go out of status because of this (don't know whose fault is this), what will be my options?

Any help will be appreciated.

Thanks a lot.
 
Posted on 02-14-15 11:37 PM     [Snapshot: 270]     Reply [Subscribe]
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Can't you continue working while H-1B petition is pending? I have heard that in case of OPT to H-1B transition one can continue working while the petition is pending. But don't know exactly about CPT to H-1B. Otherwise, I think it is best to go home and come back after H-1B is approved because unauthorized stay will be detrimental to any type of your petitions to USCIS in the future. I would go home and come back to work with a visa once H-1B is approved. Most importantly you need to make sure that your employer/adviser is willing to extend your job.

 
Posted on 02-15-15 11:37 AM     [Snapshot: 478]     Reply [Subscribe]
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I would like to tell couple of things.
First of all I don't have a lot of idea about this CPT but would believe that while on CPT, you can work and I think you have to attend college also during this time. I myself was an F1 student, went through OPT and then to H1 later on. So not a lot of CPT ideas.
-If your CPT is expiring while the H1B is pending, you will have to leave the job as your current employer says but you don't have to leave the country. You just have to sit and wait until your H1B approval/rejection decision comes. If it's approved you can start working for the employer if they still want you. I believe that your employer still wants you to work for them as you have already worked for them and gathered experience rather than hire a new one and go through all new process to train. I have seen this kind of situation first hand where employee had to quit because work permit expired and hired him back when his work permit arrived. So, i think all you need to do now is to convince your employer that your H1B will come soon and will start working again as it comes.
-Another thing that I want to explain is of the USCIS website. Don't believe 100% on the case result shown on its website. I have heard/seen of several cases, including mine, that it's not correct always. Due to some issues, they are late in updating many many cases.
Good luck uscis_pidit
 
Posted on 02-15-15 12:30 PM     [Snapshot: 538]     Reply [Subscribe]
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I understand,
you filed your h1b on april 2014?
this is feb 2015, 10 months to get the decision on h1b is too long.
1. From USCIS website, try to find out the processing time for h1b, form I-129
2. raise a SR(service request) on USCIS for h1b, if you can.
Call USCIS customer service and ask them about it.
(i think you can do Info-pass too with USCIS, not sure about h1b)

Google what and how to do SR or info pass.

3. To get decision on your h1b pending case, you can make your h1b processing time premium anytime paying around $1250.
However, it's already been so long, I assume raising a SR would take care of it. So no need to do premium

4. Talk with your lawyer who filed your h1b because he/she could have figured out why the case is pending so long.

5. search about the similar case like yours on trackitt and post your question, you will get a reply from the experience user. trackitt is useful website for information on immigration stuff.

I think, your h1b should be already approved as it is way long period and your sevis is updated as well.

I understand, under CPT there is no cap gap rule like OPT,
However, if you h1b is still pending and you are in usa, you probably could stay in usa until the decision is made. Well I am not sure of it.

Better talk with your lawyer or some other immigration lawyer.

Good luck



 
Posted on 02-16-15 5:21 PM     [Snapshot: 777]     Reply [Subscribe]
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Jack02
Thank you for your input. .

bbmb
My h1 is filed through a consultancy and we all know about consultancies. So there is no option for convincing any one either. Your third point gave me a hope for a minute but when I called them I got the same response. Thank you for your input brother/sister.

Sojo Keto
I think my lawyer already raised a service request and also planning to do a premium. I will wait for few more weeks as I don't have any other options. but wondering if my h1b gets denied, will I loose my f1-status ?

Now, when I think about it, I should be blaming it for myself because wht the f** I was doing for these 10 months..(Nothing..) just going to work coming back home and calling just one guy to get an update. F*k me.



 


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