Currently on OPT STEM, which is valid until 2020, employer filed H1b this year (with an I94), petition picked in the lottery in April. I had to leave to home country for a good reason, picked in lottery while i was in India, returned in may(I94 changed), today i see there is an action of approval notice with I797B on it(H1b valid until 2021). Approval notice says 'the mentioned worker is out of status when the petition is filed, thus the worker is ineligible for required COS, accordingly the request for COS is denied, even though the worker is ineligible for a COS they may depart the US and apply for the proper visa at a consulate abroad. Then may apply at a POE to re-enter the US based on a new visa.'
Questions:
1. What would be the next course of action?
2. is there other way to deal the situation by not going to home country?
3. if going to home country, How soon i need to do so?,like before or after Oct 1st ?, because action of approval dint say anything about it.
4. What happens to my current status(OPT STEM)?
Questions:
1. What would be the next course of action?
2. is there other way to deal the situation by not going to home country?
3. if going to home country, How soon i need to do so?,like before or after Oct 1st ?, because action of approval dint say anything about it.
4. What happens to my current status(OPT STEM)?