Legal Question in Immigration Law in Oklahoma

H-1B COS denied

If you did not include evidence that you would be maintaining status up to approx. 8/1/09 when your employer filed the H-1B, CIS was correct to deny the change of status (COS) portion of the H-1B petition. CIS will not approve a COS unless the beneficiary can show they will be maintaining status up to the date of the new status. Because you get a 60-day grace period in F-1 status, you needed to show maintenance of status to about 8/1/09.

If you now have evidence that you will maintain status, you can either file a new request to change status from F-1 to H-1B, or you can leave the US and re-enter in H-1B status just before 10/1. You will need to show maintenance of status at the consulate in Canada, because the consulate will generally not issue a visa to a 3rd country national if that person has violated status in the US.

Re: h 1 b visa

As a general matter, a denial decision of the USCIS may be reviewed and new information submitted by filing a motion to reopen. There are time periods for filing such a motion, so it is important to not exceed the filing deadline. In my view, such a motion should be done in conjunction with a trained immigration attorney, particularly since there seems to be a potential inconsistency between attending school in the fall at UCO and at the same pursuing an H1-B visa. In a motion to reopen, you ask the USCIS to reverse its decision on the change of status application based upon the later received UCO I-20 showing you have not been out of status. This is general information only and no attorney-client relationship is created. Good luck.