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.
-
Did anyone else go through this same situation and returned to the US successfully?
-
What questions were asked? Was there a lot of questions regarding F1 status or mostly about H1B LSA and others?
-
and what documents did you take?
-
How risky do you think returning home to get stamping is?
-
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?
-
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.