I will be grateful, if someone can advice me with possible options.
- I have an OPT, that expires on 12th June' 2012
- I had gotten my F1 via a COS (from H1)
- My new employer applied to re-instate the old H1 (via a COS from F1 to H1 under a cap-exempt category), which was expected to start on 13th June' 2012 (right next day my OPT was expiring) .
- This H1 got approved, but due to a USCIS mistake the H1 validity start date was listed for 2013 (i.e.: 13th June 2013 instead of 13th June' 2012)
- When the attorneys realized this, they filed for correction and re-issue of approval notice (via an I-824) indicating the urgency of the matter (as my OPT expires in 30 days).
- I have read that the I-824 form takes upto 3 months to get approved.
- I can go the STEM route and can receive a receipt from USCIS of the STEM application.
1. I only have 30 days left on my OPT and I-824 will take about 90 days to get approved. What is the best course for me (as I am concerned about being out of status, till I-824 results comes out)?
2. Can USCIS deny the I-824 (for correcting dates on an already approved H1)?
3. Will my approved H1 cause my STEM request to be rejected by USCIS?
4. What else can I do to avoid going out of status?
Any advice will be helpful...