URGENT: F1 to H1 MTR for denied CoS and H1B stamping

Hello,

I got H1B appoval in august but CoS was denied. My employer applied for MTR with necessary documents required (mentioned in denial of CoS). I did not hear anything back about MTR receipt so thought my MTR is lost / not considered and I was waiting for my MTR return package. And meanwhile I booked dates for my H1B visa stamping which is in next week.

Now I jsut got a call from employer saying that we have received your MTR I-797 tracker receipt and its showing in “initial review” right now.

Question is:

Can I keep MTR moving and meanwhile I go out of country to get stamped? Or do I have to let USCIS know to stop MTR process before going out of USA for visa stamping?

Appreciate your help.

Thanks,

xyzxyz

Hmmmmm…

I believe that it is a complicated question. MTR means that if the motion is denied it will be back dated means you will be accruing illegal time in US from the date the COS denial notice was received. I am myself in the same situation. Mine was denied because of CPT issue. I have a couple more friends who had the same problem, Both were from India. One of them got both approved, COS and H1B. The other one got H1b approved but COS denied. But his wife is in US under GC process. He went to India and got his visa stamped. He was not even bothered much. they asked him a couple of questions and boooom here u go. he got his visa stamped. But i believe he was given a break because of his wife in the USA. Or that might be a factor.

You should contact a lawyer on that. Because MTR goes to AAO. But the visa stamping happens at the embassy. both work separete. But if you left now then even the MTR is denied after 6 to 9 months you will not accrue illegal days in usa because of a new I 94. The USCIS AAO people might send u a letter of your approval or denial. But that would not have any impact. Once approved by the embasy for your H1B you can ask USCIS to stop procesing your MTR. There must be a way out.

BTW what was the reason for your COS denial???

xyzxyz: Any Updates on your case?