F1 to H1b w/cos , what happens if h1b gets denied


     Thanks to all who answered my earlier question. It was very helpful, Now I am entangled in new situation.

Case Senario - I have finished my OPT and in 60 days grace period which will expire on 20th April 2013. I have admit from a very good university where I will be full time F1 student from April 1st.

I have just found a consultancy (seems good one) who are willing to file my H1b on april 1st (I do not have to pay anything).

My queries are

  1. Is it necessary to file h1b w/cos from f1 to h1or I can file just for H1B. What happens if I file without COS.

  2. I know I can not work till oct 1st as I will be a full time F1 student and no CPT, But what happens if h1b gets denied?Do I will be out of status? what happens to my F1 status?

3)If my H1b gets approved do I have to finish my school ?

Please any suggestion will be appreciated as i have very limited time.

Thank you.

Sorry,My questions are little stupid as I am very confused on my case scenario.

  1. If you want cap-exempt then you need to have it filed w/ COS. If you are getting enrolled in the school on F-1, then cap-gap is not relevant to your case

  2. Once you are enrolled in the school, your status is primarily dependent on the F-1 and not H-1. So H-1 denial will not impact the status

  3. You are not required to. If H-1 is filed w/ COS and gets approved, then you will be on H-1 from COS effective date. If H-1 is not applied w/ COS, then you can decide to move to H-1 later by filing COS or entering US on stamped H-1 visa (at your will).

Thanks Saurabh. I want to file my h1b w/ cos. Also on safer side i need to enroll in school to maintain my status.just one more question.

  1. what happens if h1b gets approved but cos gets denied.
    Why this happens and what can I do in that case.

Thanks in advance

This happens when USCIS determines that you didn’t maintain legal status in US. In this case, they will approve the petition and deny the COS. You will remain on your current status (which will be F-1 if you enroll in another school). To move to H-1, you will have to appear for H-1 visa stamping or file a separate COS.

Thank you Saurabh. That helps.