Upcoming H1 interview need help!!

Ericsson jamil
Mar 4 4 Comments

Hi Everyone,
I have an H1 interview coming up in India, I have an approved i797B and not i797A but there's a situation I need a good way to explain to the VO in case they ask about it:

So I was on F1 OPT in 2018 and my H1 was picked up by lottery and then immediately moved to RFE. Since the H1 was still in RFE I applied for Stem OPT in early December. My H1 got approved mid December with approved i797B but since I had applied for STEM I didn't travel as suggested by my lawyer that STEM OPT is approved if i797B is given. On early February my STEM OPT was denied stating that I have an approved H1 as per my attorney this is an oversight by USCIS but instead of contesting it they have asked me to travel for Visa interview and my initial OPT expired in Jan. I have gotten an appointment for Mid March for Visa Interview.

So here's the dilemma what should I do if the VO asks if I stayed out of status in US. Should I start with a simple Yes/No or should I begin with the explanation on why I stayed out of status as I was awaiting for STEM OPT????
My i94 still has end date as D/S since I never traveled to India from the time I have come to US for Masters.
Please help !!!

comments

Want to comment? LOG IN or SIGN UP
TOP 4 Comments
  • Morgan Stanley / IT 145k
    Get an immigration lawyer dude
    Mar 4 1
    • Ericsson jamil
      OP
      Well according to the lawyer this isn't an issue. I'm just worried if there are chances of longer administrative processing time
      Mar 4
  • Akamai Technologies dut
    Im in the same situation..I applied for stem opt extension in november...but H1B approved in Feb with I797A and later after 15 days stem opt denied due to h1 approval..

    You are not out of status..you will get automatic 180 days extension if you are waiting for pending case from uscis like h1b or stem opt
    Mar 5 0
  • Visa UQei52
    Your immigration lawyer should advise you on this
    Mar 4 0