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 H1B approval BUT
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Posted on 08-29-14 12:51 PM     Reply [Subscribe]
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I recently received my H1B approval notice but letter also states that ," the petition has been approved for the classified requested. However the status previously accorded the worker had expired before this petition was filed. therefore the worker were out of status when this petition was filed. Thus the worker are not eligible for the requested change of status. Accordingly the request for change of status is denied. "
what does this mean ???

my Background
came to USA in F1 visa
student visa expired in 2013 but always had valid I20 (never out of status )
worked in OPT for 1 yrs.
My question
Can i still work at my petitioner
do i have to go back Nepal for stamping

Plz help

Posted on 08-29-14 1:04 PM     [Snapshot: 11]     Reply [Subscribe]
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What happened after one year OPT? Were you working after your OPT expiration?
Posted on 08-29-14 1:30 PM     [Snapshot: 32]     Reply [Subscribe]
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When you file H1B for the 1st time (not extension), there are two things -
1. Your H1-B petition, and
2. Change of Status OR Going back to consular processing for VISA stamping and enter USA in H1B
Most people choose change of status.

You file both together.

In your case, Your H1b petition was approved but change of status was denied. Now you have to go back and come with a VISA stamping. Also your H1B only starts from October 1st.

It looks like there is some confusion in the dates here.

There is something called CAP-GAP rule, which allows expiring OPT to continue to work while H1B is still pending.

Your student VISA is out of picture in this scenario. VISA is only to enter USA, your F1 is your status and Valid I-20 is all you need to maintain status.

Let me ask you this - When you received your "application received-receipt" from USCIS, was your OPT still valid?
Also, If it was valid and then expired during your H1B application pending, Did you call your school to extend your OPT I-20?.
It simply seems that your OPT I-20 expired before they received H1B application or the valid I-20 was not submitted with application.

hope this helps....
Posted on 08-30-14 8:19 AM     [Snapshot: 305]     Reply [Subscribe]
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Thank you for replying.
when I applied for H1B yes my OPT I20 was valid, which was included with the filing document. but while i was waiting for my receipt number, i had contact my school and Extended my OPT I20. which wasn't submitted to USCIS later.

Posted on 09-02-14 10:14 AM     [Snapshot: 481]     Reply [Subscribe]
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I guess then file a change of status separately with the current I-20.
Also, please consult a lawyer as well; I am not a expert; all my info are based of personal experience and reading/hearing knowledge.

As far as you know you have maintain status and have a valid OPT I-20, you can continue to work.

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