H1 -> F1 -> H1, With possibility of travel...

[rasharma]

Hi,

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.

QUESTIONS:
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...

[kabkaba]

Don't worry about it. Since this was clearly a USCIS mistake, it will not affect you a whole lot. You can continue working.

[rasharma]

Thanks kabkaba,

I am a bit worried because every time I ask the "Out Of Status" question to the company attorneys, they kind of evade a question without answering it properly. This sometimes makes me think, that the error happened from their side (as it is when I inquired about the mistake, the attorneys said that we did not want you to worry you hence we did not tell you about the incorrect dates) and they are trying to put it onto USCIS.

They have even gone ahead and suggested to file a STEM application (for peace of mind). But wouldn't it get rejected because an H1 was already approved for the same company?

[shrikulk]

Thanks kabkaba,

I am a bit worried because every time I ask the "Out Of Status" question to the company attorneys, they kind of evade a question without answering it properly. This sometimes makes me think, that the error happened from their side (as it is when I inquired about the mistake, the attorneys said that we did not want you to worry you hence we did not tell you about the incorrect dates) and they are trying to put it onto USCIS.

They have even gone ahead and suggested to file a STEM application (for peace of mind). But wouldn't it get rejected because an H1 was already approved for the same company?

Hi, I am exactly going through similar situation. My H1 was applied with not subject to Cap after OPT and H1 was approved with a dt = OPT end date + 40 days. Can you please let me know what happened to your case. Can you please help!! Thanks.