H1B Denied : Maintenance of status and Specialty Occupation

  1. Original Petition was withdrawn by older employer after moving to a different employer and he send me an withdrawal acknowledgement.
    2.Filed transfer Petition with new employer which is still in pending with USCIS (No RFE-Normal Processing) and started working in End client location through EVC model.
    3.Another petition filed by End client received an RFE (Premium Processing) and then rejected saying no specialty occupation available and Maintenance of status .

we understand the reason about the specialty occupation but not maintenance of status.

My questions are :
1.In the Denial notice USCIS is saying According to the records Beneficiary authorized non-immigrant status expired on December 12, 2018 ? Is this by error ? That is the date last year when my visa status got changed from F1 to H1.
2. we didn’t understand why USCIS is saying something as above.
3.Could someone suggest me what will be the best option for me at this point of time.

Well, when did you apply for your original H1B that had start date of Dec 12, 2018? Was it applied as COS ? Was it cap exempt ?
Did you work from October to Dec on F1 ?

The reason I am asking above is, you cannot file H1B before 6 months of start date, so if you had H1B start in December, you should have applied after the regular cap season start date in April… In general, most of the cap subject H1B petitions filed are on April 1st and COS happens automatically on October 1st…so, that’s the reason USCIS is asking it…

Kumar , thanks for the response . I applied my H1b last year April with COS but USCIS approved on dec 12th . H1 stat date shouldn’t be necessarily on oct1st .

Yes , I worked on f1 from oct to dec . dec12th is the date when I switched from F1 to H1.

That is true, but the main clause is, you cannot apply for H1B 6 months before start date…So, technically you should have applied later than April…See below from USCIS website.

I hate to say this, but the dates were messed up by attorney due to lack of knowledge or mistake…So technically as per USCIS you did not maintain status by working on OPT, your H1B should have started on October 1st or whenever your H1B was approved…I suggest you check with another attorney or your own attorney and take necessary action…