f1 to h1b change of status issues

After responding to an RFE with documents, finally my H1B was approved on USCIS website. However, when I received the mailed decision, it said that my H1B cap was approved, but my change of status was not approved. I have been given a consular notify, which means that now I have to return to my home country to get the H1B visa stamping.

The reason given for the denial of my H1B stamping was that I did not maintain my status in one of the semesters. I was surprised, because I had been taking a full course load on all my semesters. I noticed that there was a mistake on my official transcript from my university. They had stopped offering a course in fall 2011, and due to some glitch in their system, it changed the number of credits for that class even on prior to fall 2011 were changed to 0 credits. So I was short of 3 credits in that term.

Now what should I do? Both my employer and employer’s lawyers tell going home to get the stamp is the best option. But I find this very risky, as I have had a very tumultuous F1 status and have universities twice. But I have maintained my status. I also got a letter from the university stating this discrepancy on the transcript, but could not get them to correct the transcript to its original credits.

  1. Did anyone else go through this same situation and returned to the US successfully?

  2. What questions were asked? Was there a lot of questions regarding F1 status or mostly about H1B LSA and others?

  3. and what documents did you take?

  4. How risky do you think returning home to get stamping is?

  5. My lawyer says we can file a motion to reopen the case, but this can take 2-3 years and my employer has to agree to file it. So far, my employer does not want to file the motion to re-open. Is there another way out?

  6. My F1 status is valid till May 2013 and my H1B begins in October 1. I am going to school full time at the moment, maintaining my F1. So if (god forbid) my H1B visa is not stamped, can I return with the valid F1 visa before October 1? Would I still be in F1 status if the stamping/ change of status was unsuccessful? Will my F1 visa on my passport be canceled?

Please help.

Can you give a little brief about ur education, job and background?