Posted by: madanbahadur February 24, 2015
Out of status because of USCIS - Can I Sue them
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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.
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