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 : 108 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 ( 108 )

  1. Harsha

    Hi Kumar ,
    Urgent help
    My h1 got approved and cos is also approved but I lost the job with client .
    Now I got the offer with same client .
    Vendor said that he will provide all letters for amendment .
    Is it possible to do client amendment from October 1 st ?.

  2. Daniel

    Hi,

    I got H1B approved and COS denied, I think that is because I’m on my second year consecutive of CPT, (CPT and F1 Visa active until Feb 2020), my questions are;
    -Can I still work and get paid while I go to my country to face the interview and get my passport stamped?
    -What are the chances I get my Visa approved in the Interview if the only fault is using CPT for second year on the same education level?
    Thank you so much for your help!

    1. administrator
      Kumar

      Well, you continuing to work on CPT even after getting COS denied may not be the best idea, remember USICS denied your COS because they believed you violated status and you could not defend it…continuing it further is risky…Well, stamping depends on many things, hard to say, give your best shot and have answers for any questions around the CPT, if asked by VO.

  3. Vraj

    Hey guys,
    Can I request people who got their COS denied to post their consular processing experience here? As we are all following this thread it would help everyone to understand what to expect from Consular processing interviews.

    I have my interview scheduled on 30-Sep.

  4. Sunny

    Hi Kumar,

    My friend who was in day 1 CPT got his h1 approval confirmation yesterday in email. Does this mean even change of status is approved?
    Does the email usually say if the change of status gets denied?
    Curious because I have heard a lot of COS denials for Day1 CPT folks.

    A little back ground-
    My friend has been doing his 3rd master’s (I.e., 2nd CPT degree).

    1. DP

      If your friend gets COS approves, it is good luck. I am on same boat (second master with day 1 CPT) and my COS is denied saying it is not valid to do more than 12 months of practical training on same level of degree. OPT or CPT does not matter. If he still does that means he is violating status. You said 3rd master’s. I hope your friend’s COS is approved. Good Luck.

      1. Sunny

        Thanks DP.
        So question is, will the premium confirmation email say anything about CoS denial or does it only show up in the approval notice ?

        I ask you this because the email doesn’t say anything. It only says, “The Vermont service center has approved the following 1-129 petition ….. etc”

        1. DP

          I did regular processing and on my status update it says we denied your Form I-129, petition for a non immigrant worker. I got decision notice from attorney and it has reason of denial. In your friend’s case, attorney would be the best person to ask about COS.

        2. Vraj

          No, it doesn’t say COS is approved or not. For me they gave me approval notice mentioning COS denied cause beneficiary was out of status when this petition was filed.

          1. Sunny

            So to be clear, you are saying that the premium approval email cannot be understood as COS also approved and rather wait for the actual notice to arrive by mail?

      2. Anum

        Hey! I am on day 1 CPT and got RFE for multiple years of practical training (since my CPT is total more than 12 months). My lawyer says that while H1 might be approved, but COS can be denied and I will have to go back home to get the H1 visa. Is this the same case with you, and you provide me some experience?

        1. Vraj

          It’s same case with me. If you’ve got RFE and you haven’t responded to RFE, I suggest you withdraw application for COS and just go for consular processing. That way your approval notice will be clear. In my approval notice, USCIS has mentioned the beneficiary was out of status when petition was filed.

          1. Bema

            Hi Vraj! I have a similar case. What are you planning on doing? Are you going back home to obtain visa? Is there a risk for a visa ban?

          2. Vraj

            I don’t think that’s true. As far as I know, You incur unlawful presence from the time USCIS proves that you were out of status. So the moment you receive official notice, you start incurring unlawful presence. Don’t think you would incur 180 days of unlawful presence if you’ve just received your notice. Also, I have read multiple cases where COS denial due to CPT got stamped at consulate.

          3. Bema

            Thank you so much for responding! Do you mind sharing where did you ready about these cases? So do you recommend to leave asap to obtain visa and stop going to school?

      1. sri

        Hi Harsha,
        My attorney told me that if I94 number mentioned then COS got approved. and He also said that if COS got denied then they will mention the consulate details in the email.

    2. administrator
      Kumar

      Well, it is hard to say. Please wait for 3 to 4 days, your friend will come to know..not much you can do…If there was no RFE in the past for the same, then it can be positive…

  5. Harsha

    Hi Kumar,
    I got h1 approval today .
    My employer said that
    I got approval for 3 years and cos is also approved .
    Is it correct how can they know that everything in one day .
    They will get email in one day .
    My friends are saying that it is not possible to know that they will reach i797 . Is it correct . Because I got above query .

    1. administrator
      Kumar

      When was it filed ? Ask them to share a copy of the receipt notice and then verify. It sometimes can be adjudicated in 2 days, if filed in premium, but not very common.

  6. DP

    My COS is denied due to day 1 CPT more than 12 months. Does it mean my H1B petition is denied? My question is Can I stay in USA and continue my CPT / study or I will be out of status? My study will be finished in June 2020. What should I do?

    1. administrator
      Kumar

      DP, you should plan to exit soon as you violated status. Discuss with your attorney and then take a swift action. While COS is denied, your H1B can be approved. Check with your attorney and DSO.

    2. Vraj

      DP,
      Did your approval notice mention reason for change of status denial? I think USCIS is now no longer providing separate notice for COS denial and mentioning the reason in the same approval notice. Did you receive the approval notice with COS denial reason?

      1. DP

        Vraj,
        I have received only decision in mail which says COS is denied. And my status update on USCIS case tracker says we denied your Form I-129, petition for a non immigrant worker. As Kumar mentioned, If H1b can be approved. Now, I will wait 2-5 days for H1B approval notice before taking any actions.

      2. prasanna jammula

        Hi,
        I also received cos denial and my h1 is approved for 3 years. It’s premium processing and I did receive I-94 # in the notification.
        If anyone had attended visa interview in India. Please share your experience here.

        Thank you.

        1. Harsha

          Hi,
          Did they mention the consular details in approval email.
          How do you know that cos denied .
          If you get I 94 number in approval email .my employer said that cos was also approved .
          When your h1 was approved .

  7. Vraj

    I got my H1B approved but COS denied. USCIS mentioned that beneficiary was out of status when the petition filed. But beneficiary can leave the country, go to consulate, get stamped and come back on valid visa.

    My queries:
    -Do I have to leave the country as soon as possible or I can stay until my course completes in October?
    -Do I expect any issues at consulate with my visa interview as my notice stays I was out of status when my H1B was filed? Any experiences would really help here

    1. administrator
      Kumar

      Yes, you should do that immediately, if you can. The whole point that USICS believes that you violated status just adds up more to the status violation period. Talk to your DSO and attorney and act accordingly.
      Well, you may be asked…not sure here. Users have not shared much info here…Make sure you have an answer and documentation supporting your argument.

    2. zee

      I am Also in same situation, H1b approved COS denied, ( out of status before filling petition),
      my background:
      University A = master in computer science + 12 months OPT
      University B = masters in IT + day 1 CPT ( 21 months CPT)

      1. if i attend Visa interview what are the chances of getting VISA approved
      2. i am still enrolled in university, can i complete course and go for stamping

      1. administrator
        Kumar

        Well, it is hard to say regarding visa stamping…Give your best shot, state the facts, if asked…do not lie !

        Look at it logically, USCIS denied your COS stating that you have violated your status, so you are no legally in Status in US…so, continuing further in out of status situation may not be a good idea. Talk to your DSO and make plans accordingly…

  8. suresh

    Hi Kumar.. I am in a same situation i got an RFE on F1 status and the same officer reviewed my Application.
    –> I have all my pay slips from initial OPT
    –> I didn’t update or report my client address changes to college DSO or in SEVP portal.
    –>They are requesting for i-983 but that doesn’t have current client name.
    –> not have proper training plan since i am working at third party worksite.

    Will i come under status violation for these things and what are my options can i ask my employer to change the application to consular processing ? or go with the same

    1. administrator
      Kumar

      Well, if you do not have enough supporting documentation, it is better to convert it to consular processing. Check with your attorney, if you can change it to Consular Processing to avoid denial of COS.

      1. suresh

        Today my H1b got approved after changing it to consular processing. can you please help me with following questions
        –> I have my current OPT until may 2020, do i need travel immediately to my country and get stamping or can stay here for some more months
        –> is there any other option to apply COS here it self (USA).
        –> can i change the client / employer without going to my home country and transfer my H1b to new employer and apply for COS?
        –> how can we answer if consular officer ask about, why did you change it consular from COS during the submission of RFE stage?

        Please help me with these questions, thank you

        1. administrator
          Kumar

          No need, if you have h1B as Consular processing.
          Yes, you can, talk to your attorney.
          Well, for this one, you need H1B status…so, if you get stamping it is fine, otherwise, it is grey area. Well, it is up to you, you can simply say you wanted more training.

    2. Bhanu

      Hi Guys,

      I am doing Ph.D., I am on CPT from Jan 2019, My H1B application got picked this year, got an RFE nothing related to CPT, but a couple of my other friends COS go denied who were in the same boat as me(F1 Visa Stamp expired 5 years done as we came in August 2014 to the USA).

      So I had a couple of questions and any reply would be helpful:
      1) If COS gets denied, can we still work on CPT if we have valid status
      2) If H1B is approved, COS is denied, and continue to work on CPT(as still, it’s valid as it’s offered as part of curriculum) what happens to the approved H1B, can we change client and go to stamping or do we have to go on the same client that H1B was approved on( my employer will be same )

      Any reply will be helpful guys..

      Thanks
      Bhanu

      1. administrator
        Kumar

        1. I would not recommend you working, the simple reason is that USCIS believes that you violated status, that’s why you did not get COS approved. So, you run into situations where they can bar from entry, if you stay longer.
        2. If you change client, or anything changes, you may need to apply for amendment and then go with that so that you have no issues at stamping.

        Status is very important, if you believe, you will run risk of COS denial, talk to your attorney and convert it into Consular processing and get out to get stamping…

        1. Harsha

          Hi Kumar,
          If I change the client before October 1 st 2019
          How can I apply amendment before October 1 , 2019
          Because it is consular processing and h1 was not activated .
          What will be solution for this ? .
          My last day in company was September 10 th .
          If I will get the new client with in September last week . Is it possible for go consular processing ??.
          My stem opt is valid up to may 2020

      2. Bharath

        Hi Bhanu,

        Even I am in the same boat as you. I am doing PhD from March 2019.

        Have you heard about cases of your friends where COS is denied even if they have not done CPT for more than 12months during PhD?

        Also, do you have any idea about the approval rate at the consulate once the COS is denied?

        Thank you in advance.

  9. 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.

          1. Aj

            Hi Kumar,
            I see status on USCIS website that my case is approved after responding to F1 CPT RFE. Does it mean that my entire petition along with COS application is approved?

          2. Harsha

            Hi Kumar,
            I replied h1 rfe .
            I lost the job after response to USCIS.
            If h1 approved but cos denied .if I will go India for consular processing .I don’t have a client letter .how to handle this situation . If I will get the new job in September .can I submit that client letter in consular .please give me your suggestions.

          3. administrator
            Kumar

            Harsha,
            Just getting approval does not help. If you do not have a job you should NOT go for stamping. The consulate officers have called clients for many situations and verified.
            You should get a new client or a new employer who has a role for you and then only go for stamping to be safe…

  10. 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. SSP

          Hello Jhaveri,

          I am in the same boat as yours. Got H1b RFE on Day 1 CPT and multiple years of practical experience. My lawyer says that while H1 will be approved, COS can be denied and I’ll have to go back immediately for visa stamping. Do you have any such experience like that from other people in the same boat?

      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 .

          1. Harsha

            Hi Kumar,
            One of my friend got h1 approval .. in approval email they mentioned consular Hyderabad. What it is meaning . Cos is approved or denied

      1. sri

        Yes, In the approval Email they mentioned my I-94 number and they did not mention anything about consulate. My employer said your COS is also approved.

  11. 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

  12. 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.

  13. 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.

  14. 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?

  15. 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?.

  16. 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.

    2. vraj

      Hi Dino,
      Did you have any issues in consular processing? I am in the same boat. How soon did you leave the country after COS denial notice?

  17. 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.

  18. 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.

  19. 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.

  20. 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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