F1 to H1B 2017 COS: Approved H1B Withdrawn and Revoked

USA H1B Visa
1

Here is what happened:

  1. I start working at company A from Dec 2016 on F1 OPT. They apply for my H1B on April 2017.

  2. I get laid off on July 2017.

  3. Company A does not withdraw the H1B right away, I get H1B approval on August 31, 2017.

  4. Company A withdraws the LCA on Sept 28 and the H1B on Oct 4. On Oct 11, I check my online case status and see that my H1B has been revoked on Oct 5.

  5. I contact my university’s DSO. She says my SEVIS status shows F1 has completed and COS has happened. But at the end of the page of my SEVIS status, next to my H1B Case number there is a note saying, ‘COS denied’.

  6. I have a job offer now from Company B and they want to start my H1B transfer. But do not know what status I am on. Company A says I am on F1 and my DSO tells that I am H1B. Company A has also not given me my I797-A.

What do I do?

2

I am sorry about your situation and I happened to be in a similar situation and am currently back in my home country. I took the advice and moved out of the country before the automatic status change happened.

Contact your DSO again and ask them to update your status using the proof that the H1b got denied. I don’t see why they wouldn’t help.

https://studyinthestates.dhs.gov/sevis-help-hub/student-records/corrections-and-correction-requests/correction-requests/change-to-student-status

3

You are on F1 status only. Once revoked, you would be in the previous status that you were in. In order to be on H1,ideally you will have to be working for company A (as they applied for your H1) and be paid by them.

You should have a previous approved I-797A in order to transfer the visa to another company and re-apply for CoS from F1 to H1 again. Else, you will have to go through the lottery again.