Bro, this is some serious shit. First thing I would do is call some immigration lawyer. Good Luck

Fuel Tank · Feb 24, 2015 11:39 AM

To make it worse, my lawyer from my employer says that "The best thing is to go back to nepal and get stampping". Lawyer doesn't realize that when "I am out of status they will ban you from coming" to USA. Thank you for your input Fuel_Tank.

uscis_pidit · Feb 24, 2015 11:53 AM

Don't thing of suing at the moment find a good immigration attorney and prove that you were not out of status when the case was filed. post your question in trackitt. someone with good experience and knowledge will for sure reply

sojoketo · Feb 24, 2015 12:00 PM

Looks like your h1b was approved but COS (change of status) was denied. This happens when USCIS thinks you were out of status when you filed H1b. To remedy this, you have two options - either go back to Nepal and do H1b stamping or file motion to reopen your COS denial. Motion to reopen is kind of risky because it takes lot of time and for some reason, if motion to reopen gets denied, USCIS counts all these days you stay here as illegal stay, and you can be banned from entering US for certain period of time. Your best bet is to talk to an immigration lawyer (for example Murthy firm). Good luck, bro. Sorry to hear about your situation.

madanbahadur · Feb 24, 2015 12:02 PM

Thank you Sojo_Keto and madanbahadur. I am contacting immigration lawyer very soon.

uscis_pidit · Feb 24, 2015 6:27 PM

pidit bro, jokes hanya ho?? lol. Anyway, did you call your University during the Cap gap to let them know about it? Sometimes that might be the issue too. Last edited: 24-Feb-15 09:46 PM

nayapidi · Feb 24, 2015 9:45 PM

nayapidi I really wish yaar, it was just a joke. But unfortunetly, this happened for real.. दुर्भाग्य को सायद कुनै सिमा छैन

uscis_pidit · Feb 25, 2015 12:42 PM

During cap gap period did u call ur uni to let them know??

nayapidi · Feb 25, 2015 1:06 PM

Mero ta kaha cap / gap hunu.. ma ta CPT ma chu.

uscis_pidit · Feb 25, 2015 1:57 PM

Were you in CPT from any of the shady universities? If yes this will happen. 2 of my friends got there h1b approved but COS denied (they said few more of their friends also had same issue) since they were using CPT from infoserver. They all went back home got stamped with no questions asked and came back.

cybro · Feb 25, 2015 2:53 PM

No worries. It happens all the time. Just go to Nepal or Canada and get H1-B stamping. I went to Nepal last year for similar reason. Some of my friends went to Canada. I personally suggest Nepal because you get to see your family also. Good luck

gutae · Feb 25, 2015 9:37 PM

hi uscis_pidit: did you go to stamping finally? please let me know. i am in same exact situation like you currently.

mukunda1 · Mar 23, 2015 10:18 AM