An RFE was issued on my H1B petition as a wrong resume file was sent with the H1B application. RFE response was :The resume references my activities with Company A. I apologize for the error in the resume, which happened as I inadvertently sent the wrong draft of the resume to the lawyer. I have never worked for Company A or any other company without work authorization while I was residing in the US. Following that, H1B was approved but Change of Status was denied saying that “Since you have accepted that you worked without authorization, a change of status can not be granted.” Please let me know what are chances of approval if I file a Motion to Reopen the case? I have not worked illegally and have documents to prove it. Please advise.
Hi Silverstar,
I am so sorry you received RFE. I am in similar situation, RFE on maintaining my F-1. But important thing is: did your H1B get approved? Did I understand you correctly that your H1B is approved, but COS is denied due to alleged unauthorized employment?
What your employer is saying? Was your H1B approved before the RFE?
Thanks!