I have been enrolled in study in F-1 status working with CPT authorization. My employer filed an H1B petition asking that my F-1 status be changed to H1B starting October 1st. …

… The H1B petition was based on my previous degree in computer science. Unfortunately, the USCIS denied the change of status request saying that I violated my F-1 status because my employment did not meet the CPT requirements. My employer tells me that I am out of status and need to leave the U.S. However, my DSO says that my SEVIS record is active and I can continue attending school and working on CPT. Can I continue my study and CPT employment?

Answer

Because the USCIS made a finding that you violated your status, you are currently out of status and are likely to be accruing unlawful presence. Therefore, even though the USCIS did not terminate your SEVIS record, under the law, you should leave the U.S. unless your employer files a motion to reopen or reconsider the USCIS’s decision or you apply for reinstatement of your F-1 status. (10.Oct.2014)

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