Upcoming H1 interview need help!!

Mar 4, 2019 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 !!!

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