Convoluted visa situation

Google gogal
Nov 6 16 Comments

Hi all,

I started working on F1 OPT and my H1B was picked and approved in consular processing this year September. But I still haven't received the approval notice.

Meanwhile, SEVIS portal updated the records automatically to mark my OPT as inactive, which is an error since my H1 petition is not under change of status.

I contacted the attorneys who in turn asked me to contact school DSO to reinstate my F1 since this was a SEVIS data error. Now the problem is that DSO asked for H1 approval notice to reinstate F1 and I don't have it. Apparently that is required by SEVIS analysts to correct their mistake. The only document I have is the case petition file that clearly states my petition was consular but DSO or SEVIS is not budging to use it.

Tha attorneys have placed another service request with USCIS for copy of the notice to be sent but they have mentioned that it may take up to 90 days to receive any response.

And my OPT expires in Feb 2020. Now I am in a situation that I can't apply for OPT extension since my F1 is voided. Neither do I have the H1 notice to reinstate my F1 status, nor can I travel for any visa stamping ( or anything else for that matter) since I am in a limbo. The only good news being my OPT work authorization was valid as per my employer. So I can work until my OPT expires, but god knows aftertee that.

This clusterfuck with attorneys, school, SEVIS, and USCIS has been going on for a month with no resolution.

Wanted to if anyone has ever been in such a situation. If yes, what other steps did you take to get it resolved? Would appreciate any help or advice. Thanks.

16

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 TOP 16 Comments
  • Oracle / Eng weedlonmus
    Chill man. Leetcode with me
    Nov 6 2
    • eBay ebaay
      How would LC help in this situation. Did you even read the reply?
      Nov 7
    • Oracle / Eng weedlonmus
      Leetcode helps all situation. It helps you focus.
      Nov 7
  • Amazon VJtQ62
    My friend had a similar case and he had to leave the country till he receives H1 status.
    Nov 6 1
    • Google gogal
      OP
      DMed you.
      Nov 6
  • Apple KGHP41
    If you have the balls to sue them you’ll get a favorable response in fifteen days.
    Nov 7 0
  • ByteDance mypage
    This my friend is the cost we pay for the choice we made to immigrate to US
    Nov 6 0
  • T-Mobile / Product vietnamese
    It looks like a mess, hope everything will be okay for you. Thanks my wife so I don't go through things like these.
    Nov 6 3
    • New / Eng ronney
      What did your wife do?
      Nov 7
    • T-Mobile / Product vietnamese
      She is citizen
      Nov 7
    • New / Eng ronney
      Lucky you!
      Nov 7
  • FUJIFILM / Eng bug_gen
    Can't your attorneys re-file and request change of status instead of consular processing ? I went through this https://www.murthy.com/2018/02/01/filing-a-nunc-pro-tunc-request-to-reinstate-status-in-the-u-s/
    Nov 6 1
    • Google gogal
      OP
      I will ask about this. Thanks!
      Nov 7
  • Discover Financial Services qwerty-/:
    Do you have any proof that h1 was approved? Can you use that proof to reinstate your f1
    Nov 6 1
    • Google gogal
      OP
      The notice is supposed to be the proof but I have not received it. The only other proof is the case status on USCIS website but that only includes the case number and no other personal details, hence of no use.
      Nov 7
  • Apple waitingame
    A colleague of mine had a similar issues where they didn’t send his approval for 6months. They provided some document which said he could work for 3 months at a time. Try to see if that helps
    Nov 12 0

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