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H1b stamping query, with STEM EAD problem in past

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  • H1b stamping query, with STEM EAD problem in past

    Hello,
    I have my h1b approved at the start of this year, I am planning to get it stamped it next month. I have a concern regarding that as I had some issue with my STEM EAD card during my H1b was in process. I highly appreciate your take on this matter.

    I came to US on F1 status to pursue MS. After graduation I joined a software comany, my H1B was filed last year when I was on OPT, which was expiring in july. I had filed for my STEM OPT extension before July 2017 and it got approved. However, I did not receive the STEM OPT EAD card, as I changed my address and the mail was lost. I asked my company immigration lawyer about changing the address and requesting USCIS to send it again, however it was their opinion to not change the address as H1B was in process, and advised to change the address after H1B's result. So I waited for the H1B result till November, only to find out from school that my SEVIS record was auto completed (incorrectly) and I am no longer on F1 status.

    It should not have been auto completed, as I was already in STEM cap-gap extension, as my H1B was in process. School DSO did investigate into this matter and contacted SEVIS. SEVIS replied that my record's autocompletion was mere fluke in their system and it should not have been auto completed. SEVIS officier also asked me to submit reapplication for STEM OPT along with a letter explaining the situation, which I did.

    Meanwhile I received my H1B approval. Later, a month after H1B approval, USCIS denied my STEM OPT re-application, stating the change of address was not notified in time as a reason.

    Considering this sitution in past, I have following quesitons.
    1. Could I face any problem during visa stamping interview
    2. Will this be a brought up in the interview?
    3. How should I prepare for interview?
    4. Any additionaly document will be required?

    I would be highly obliged if you guys could help me with this.

  • #2
    help

    hello,
    can someone please help me with this query?

    Comment


    • #3
      Originally posted by Ajinkya Kale View Post
      Hello,
      I have my h1b approved at the start of this year, I am planning to get it stamped it next month. I have a concern regarding that as I had some issue with my STEM EAD card during my H1b was in process. I highly appreciate your take on this matter.

      I came to US on F1 status to pursue MS. After graduation I joined a software comany, my H1B was filed last year when I was on OPT, which was expiring in july. I had filed for my STEM OPT extension before July 2017 and it got approved. However, I did not receive the STEM OPT EAD card, as I changed my address and the mail was lost. I asked my company immigration lawyer about changing the address and requesting USCIS to send it again, however it was their opinion to not change the address as H1B was in process, and advised to change the address after H1B's result. So I waited for the H1B result till November, only to find out from school that my SEVIS record was auto completed (incorrectly) and I am no longer on F1 status.

      It should not have been auto completed, as I was already in STEM cap-gap extension, as my H1B was in process. School DSO did investigate into this matter and contacted SEVIS. SEVIS replied that my record's autocompletion was mere fluke in their system and it should not have been auto completed. SEVIS officier also asked me to submit reapplication for STEM OPT along with a letter explaining the situation, which I did.

      Meanwhile I received my H1B approval. Later, a month after H1B approval, USCIS denied my STEM OPT re-application, stating the change of address was not notified in time as a reason.

      Considering this sitution in past, I have following quesitons.
      1. Could I face any problem during visa stamping interview
      2. Will this be a brought up in the interview?
      3. How should I prepare for interview?
      4. Any additionaly document will be required?

      I would be highly obliged if you guys could help me with this.
      As long as you are clear about the details, and can explain this cogently, if it comes up during the visa interview, you are fine. There is a 50/50 chance that it might not even come up during the interview.
      Just an opinion; Not legal advice.

      Comment

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