Legal Question in Immigration Law in California
I-20 cancellation , H1 visa process
My I-20 had been cancelled since I was out of status in Spring. This has been reported in the SEVIS records. My H1 is currently being processed by a company.
Will this cancellation affect my H1 being approved. If so, is there a way out?? Thanks for your help.
2 Answers from Attorneys
Re: I-20 cancellation , H1 visa process
Hi,
Since there is the issue that you went out of status, there might be a problem with the approval of your H1B. Most INS officers will request more evidence in this case to make sure that you were in status, and if you can not prove that, the case will be denied.
What I would do is have you leave the country and file your case while you are outside waiting for the approval. Once the H1 is approved, have the US Consulate process your visa. Since you were a student the out of status issue should not bar you from getting the visa at the Consulate. You need to contact an attorney to help you with this process. Good Luck,
Jacob Sapochnick, LL.M
Re: I-20 cancellation , H1 visa process
Your H-1B petition may be approved on merit but the change of status will be denied due to your lack of maintenance of status. You will have to do consular processing in your home country.
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