Hello

I was on F1 status when I have filed for H1B last year. I am maintaining my full time status at school till now. Few weeks back I have been informed from my school that my SEVIS has been terminated due to the change of my status, but USCIS was showing my case was pending.

Then I upgraded the case to premium and got an approval. But now when I got my approval notice it says that I was "out of status" when the petition was filled. I have provided all my I-20's, a letter from my school that stated I was maintaining full time status and all the transcripts as well.

Now because of it I am out of status even it is not my fault. Someone there is USCIS turned a blind eye on the documents I have provided and therefore jeopardize my status.

So, I am thinking to sue these people. but not sure whether or not its a good idea ? Or is there anything I can do about it ?

can you guys help me on this.


Thank you

Bro, this is some serious shit. First thing I would do is call some immigration lawyer.
Good Luck

To make it worse, my lawyer from my employer says that "The best thing is to go back to nepal and get stampping". Lawyer doesn't realize that when "I am out of status they will ban you from coming" to USA.

Thank you for your input Fuel_Tank.

Don't thing of suing at the moment
find a good immigration attorney and prove that you were not out of status when the case was filed.
post your question in trackitt. someone with good experience and knowledge will for sure reply

Looks like your h1b was approved but COS (change of status) was denied. This happens when USCIS thinks you were out of status when you filed H1b. To remedy this, you have two options - either go back to Nepal and do H1b stamping or file motion to reopen your COS denial. Motion to reopen is kind of risky because it takes lot of time and for some reason, if motion to reopen gets denied, USCIS counts all these days you stay here as illegal stay, and you can be banned from entering US for certain period of time. Your best bet is to talk to an immigration lawyer (for example Murthy firm). Good luck, bro. Sorry to hear about your situation.

Thank you Sojo_Keto and madanbahadur. I am contacting immigration lawyer very soon.

pidit bro, jokes hanya ho?? lol.

Anyway, did you call your University during the Cap gap to let them know about it? Sometimes that might be the issue too.

nayapidi

I really wish yaar, it was just a joke. But unfortunetly, this happened for real.. दुर्भाग्य को सायद कुनै सिमा छैन

During cap gap period did u call ur uni to let them know??

Mero ta kaha cap / gap hunu.. ma ta CPT ma chu.

Were you in CPT from any of the shady universities? If yes this will happen. 2 of my friends got there h1b approved but COS denied (they said few more of their friends also had same issue) since they were using CPT from infoserver. They all went back home got stamped with no questions asked and came back.

No worries. It happens all the time. Just go to Nepal or Canada and get H1-B stamping. I went to Nepal last year for similar reason. Some of my friends went to Canada. I personally suggest Nepal because you get to see your family also.
Good luck

hi uscis_pidit: did you go to stamping finally? please let me know. i am in same exact situation like you currently.