I am currently on F1 visa and I received my approved H1B approval notice.
But my “Change of Status” was denied on account of service error on the USCIS part.
The USCIS claim that as per their records, I have already departed US and no longer reside here which is definitely incorrect because I have never left US in the last 4 years. I have all the supporting evidences. I have been legally living here and working here all this time.
I wanted to know what is the fastest way to resolve this issue as my F1 visa is expiring soon. I am hoping to get my change of status corrected so that I don’t have to leave the country.
File an Appeal against original judgment and show proof that you never left US. Filing appeal doesn’t automatically grant you ability to stay beyond F-1 I-94 expiration date.
File a new COS application Timely filing COS allows you to stay inside US for up to 240 days beyond I-94 expiration date
You can check the timelines online on USCIS site for both applications
Thank you Saurabh… Also I havent recieved my original Notice from my employer yet (just the scanned copy) can I still transfer to new employer with COS status denied with my first employer?
Yes, another employer can file a cap-exempt petition for you even if you just have the scanned copy. Original 797 approval notice is never submitted. So there is no difference b/w a photocopy of original or print-out of scanned copy.
Make sure this gets filed prior to your current I-94 expiration date, else COS will not be approved.