F1 to H1B Visa Change of Status Denial Letter info

F1 to H1B COS (Change of Status) Denied Letter(Real) by USCIS

In F1 Visa by KumarUpdated : 47 Comments

F1 visa status to H1B Visa Change of Status(COS) is one of the most common application types filed with USCIS. Unfortunately, some of the COS are denied due to various reasons, couple of these are not maintaining proper status by exceeding the unemployment days allowed and not having training plan compliance as per regulations. Unfortunately, one of our reader got denied for the same reason. Our reader, keeping anonymous for privacy, was kind enough to share with all of you for benefit of everyone, despite their unfortunate situation.  Thanks a lot for the reader.  Please review the letter, it has some great insights that you can use to be in compliant with your F1 status.  Also, you may check real H1B Denied Letter by USCIS for Speciality Occupation

F1 visa to H1B Change of Status (COS) Denied Letter from USCIS – Violation of Status

H1B Visa Change of Status COS Denied Letter from USCIS - Violation of Status Sample Page 1

H1B Visa Change of Status COS Denied Letter from USCIS - Violation of Status Sample Page 2

H1B Visa Change of Status COS Denied Letter from USCIS - Violation of Status Sample Page 3

H1B Visa Change of Status COS Denied Letter from USCIS - Violation of Status Sample Page 4

   

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Comments ( 47 )

  1. Rajeev

    Hi Kumar,

    Can you help me here?
    My H1B got approved till Dec 31st 2019 And it Starts from Oct 1st 2019 but my COS got denied and Planning to travel to India in Mid of September for Stamping. Can I know is it good decision to go before my H1 start date and come back with Stamping on it ?

      1. Rajeev

        Thanks, Kumar for the quick response. I will plan to travel before October 1st and last question can I know according to my situation(Which were Posted earlier to you in many Posts like my Situation) how it will be in Visa Stamping of my H1B and best consulate to go for Stamping?

        1. administrator
          Kumar

          It will be pretty normal, people have their own theories telling this consulate is best and not. That is pure perception. There is no real data tells that X petitions got rejected from Y consulate, so all are speculations. Just carry all your documents and be confident, should be fine.

  2. Jhaveri

    Is anyone facing the same issue this year? My case got RFE on Change of Status application for extended CPT at same education level for more than 12 months. Don’t have any other RFE regarding my H1B petition. Is it possible that USCIS can deny my entire petition or possibility of just denial COS application? Also, has anyone got approval after submitting RFE response in similar case?

    1. administrator
      Kumar

      Well, it is very likely they will deny only the COS, as you did not maintain proper status…If the H1B role details fit you and it is all correct, you would get H1B approved and COS denied.

      1. Harsha

        Query name :non immigrant status
        1.pay slips from intial opt to present stem.
        2. Stem training plan
        3. List of employer beneficiary worked .
        4. Benificiary is working at client location but dhs records show that employer location then how you are giving training to benificiary
        4 the point based

          1. Harsha

            Yes
            Correct
            Same rfe for above deniel letter 100 percent sure ..
            Without stem opt pay slips it is risky to submit rfe . This query may be affect on your current status .
            For example if you got employer employee relationship rfe . If you got deniel .it is not affect on status but this kind of queries dangerous to respond without pay slips in stem opt .

          2. sri

            I have pay slips for STEM OPT from start date to now.I don’t have pay stubs for OPT period. Submitting only STEM OPT pay stubs is fine right ?

      2. Harsha

        According to 2018 August memo .if dhs officer denied benificiary application based on un lawful occurance . They have a right to cancel our stem opt and add benificiary information in removal list .please see the page number 9 ( August 2018 memo).I am thinking that above letter person need to left USA .

  3. Raj

    Hi
    I am on F1 visa i have filed h1b in consular process which will not get activated until i get visa stamped and i am working on cpt but when i filed my h1b i filed with client A location A i had relocate to location B with the same client before my h1b is approved. But now i have moved to location B n my h1b is approved n how does it effect my h1b because lca is filed & approved with different location what are the next steps i can take. Can i travel n get stamped n file ammendment

  4. Nikhil Reddy

    Hi Kumar,
    i am in same situation,
    my h1b got denied and COS denied because of STEM OPT violation,
    i am worrying about August 9th memo and
    what are the options for me
    as USCIS determined i am out of status.
    TIA

    1. administrator
      Kumar

      Please discuss with your attorney, they are the best ones to advice on options, based on your case based on the details of the case and history.

      1. mahesh

        Hi Kumar,

        If a person got denial in 2019 because of not maintaining status , is there a chance that he will get same RFE when he files h1b again in 2020??

        1. administrator
          Kumar

          If you are still in US and same status, then it is quite possible. But, if you have left the country and not in US, then your status does not matter, unless you have had unlawful presence.

  5. Dina

    Hello,

    I received an email on 27th December from USCIS stating that my H-1B petition has been denied (after RFE). My employer had applied for a COS from F-1 to H1B. In the meanwhile, I had to stop working since 30th Sep as per the STEM OPT cap-gap guidelines.

    Below is my petition timeline:
    Case Received: 30th April
    RFE issued: 7th Sep
    RFE response: 2nd Nov
    Decision mailed: 27th December (Denial)

    Due to the holidays, I am still awaiting a hard copy of the decision from my attorney. Folks who have been in similar situation, is it a possibility that the COS portion of the petition was denied and not the whole petition? Is that possible given the egov status update?

    I am assuming since the status was updated on egov the whole petition has been denied.

    Any thoughts or suggestions would help.

  6. sai

    My COS denied and my H1 was approved till 31 dec 2018 and i received decision on dec 13. My H1 approval date is expired and lawyer applied for extention . What is my chance now? Do i need to leave right away and wait for extention and then return as the premium is suspended . What are my chances now?

  7. prasanth

    Please help Me Urgent! I Just got Case status updated to ” Decison was Mailed ” After RFE.

    we denied your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number ###########. We mailed you a decision notice that explains why we denied your case and your options. Please follow the instructions in the notice. If you do not receive your denial notice by ######.

    I was on stem opt and finished Stem OPT on july 2018 and on cap-gap to sep 25 and changed to another university to continue.

    Is it H1B petition denied or COS denied. There is any case like this. Please help me. Yet to receive mail

    1. administrator
      Kumar

      prasanth,
      I would wait for the actual physical copy to arrive to see, what exactly the final result is….the message online can sometimes not fully reflect the exact status. Check with your attorney and work with them closely.

    2. sai

      Did you have any updates my wife has same situation last uear and filing new petion this year. Will there any issue after for not maintaing the status?.

  8. Dino

    Hi,

    I got my H1 approved but my COS got denied because I was on CPT for extended period of time (more than 12 months). I’m leaving to India for my H1 stamping as I was told to by USCIS. Is there a possibility to get my H1 approved? what questions would the visa office ask me?

    1. administrator
      Kumar

      If your documents are all right and the company is good, it should be fine. General questions and maybe the reason for your extended CPT, not sure…but you need to be prepared.

  9. Meghamala

    Hi all, even I have received the denial notice. I am fine that my H1 petition is rejected but I would like to know what to do next. Will this decision of rejecting my application will somehow affect in future? Do i have to reopen my case and prove to USICS that my status is valid or can I just leave it if I am fine with their decision of rejecting H1B visa.

    1. administrator
      Kumar

      No, in general, it should not affect your future applications as they are usually tied to employer and the position offered. You can work with your attorney to decide the best course of action based on what was the reason for denial.

    2. Nikhil Reddy

      Hi Meghamala,
      i got same situation, my h1b got denied and USCIS determined i have violated STEM OPT rules,
      do you have any idea what will happen based on August 9th memo?
      i want to know what did you do.
      can you please let me know about your situation.
      TIA.

  10. chandu

    Hi,

    I got my h1B Picked in lottery this year.my Cap -Gap is also done so i started day 1 cpt but my f-1 visa stamping is till April 2019 .If in case my h1 petition got denied, do i need to go back to my home county in april 2019 are can i stay and continue my cpt.

  11. prasanth

    Hi,

    I got my h1B Picked on lottery this year. My Stem Opt is expired on July and then I got the cap-gap to sep 30th. on Sep 20th i transferred my sevis to new University to maintain status. On October 2nd I got Rfe and we responded back to uscis. Now My question is My employer filed as Change of status on my petition if my h1 gets approved how it will work does it approve as consular processing or COS. Can you Please let us know lot of people are on same page.

    1. administrator
      Kumar

      In general, if your stay on STEM OPT did not violate any of the STEM OPT rules, then you were in proper status and you should get it approved as COS. If let’s say your case has some violations like in above letter e.g not reporting, training plan compliance, etc. then they may deny COS and you would need to go for visa stamping to enter US. All of this depends on your case history and how it is all perceived by USCIS officer.

  12. Sam

    Hi Kumar,

    In this scenario, Did they actually denied entire H1b petition or do they denied only COS from F1 to H1? Can you please elaborate.

      1. Harsha

        Hi
        If h1 approved but cos was denied .
        What will be the situation ?
        They will cancel stem opt ? .
        In that above letter he got h1 approval ? .
        Whether if he got cos deniel .he can use stem opt? Apply for next year h1 ?

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