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F1 to H1b Change of Status denied i-797b

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  • F1 to H1b Change of Status denied i-797b

    H1b Approved but Change of status denied. ( counselor processing required for new visa) f1 to h1b

    University A = master in computer science and participated in 12 months OPT (Unemployed 83 days)
    University B = master in IT management and participated Day 1 CPT

    IN I-797b Approval Notice:

    " The above petition has been approved for the classification requested. However, the status previously accorded the worker(s) had expired before this petition was filed. Therefore, the worker(s) were out of status when this petition was filed. Thus, the worker(s) are not eligible for the requested change of status. Accordingly, the request for a change of status is denied. There is no appeal from the decision denying the requested change of status.
    Even though the worker(s) are ineligible for a change of status, they may depart the United States and apply for the proper visa at a consulate abroad. Then they may apply at a port of entry to reenter the U.S. based on that new visa. The petitioner should keep the upper portion of this notice and forward the lower portion to the worker(s) for presentation at the U.S. Consulate.
    To speed this process, we have sent notification of the approval of the classification to the consulate listed above. If you have any questions about visa issuance, please contact the consulate directly. "

    1. In I-797b says: out of status when this petition was filed

    2. Collage says: SEVIS is active till date and never been issue with SEVIS

    3. Can i file MTR ?

    4. Can i continue collage because my SEVIS is active

    I don't want to depart USA with this issues, so i would like to solve issue with out crossing border. What are the next steps i can take.

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