Kun Liu

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1. Depending on when your OPT ends. if OPT ends before 9/30, when H1B is approved, cap-gap will extend opt to 9/30. So you may now in the 60-day grace period. 2. You can. Assume these are two different employers. So both H1b can not be used interchangably. 3. Normally when H1b is approved regardless if its change of status or consulate processing, SEVIS will show F1 as complete on 10/01

I have opt from 09/05/2017 to 09/30/2018. H1B approved on 5/29/2018. However I received I797B with no I94. I asked my attorney immediately after I found this issue and she relied as: I spoke to a officer at USCIS who indicated the issuance of the I797B was anerror, as we requested a change of status on the petition, and we did not receive a decision denying the request for COS. Accordingly, she has placeda request for USCIS to reissue the notice with correct information. Now 2 months have passed still no update for this request. My F1 completed on 10/01/2018 per SEVIS information from DSO. Should I keep waiting for response from USCIS for this request? Or should I leave the country and get visa Stamp with current I797B in hand? Staying here and waiting without I94 makes me nervous, however going home for visa also make me nervous if it will affect the outcome of this request as I leave US while the request is pending. Any advice would be appreciated!

Just follow the instructions from the notice. USCIS reserves the right to revoke any approved petitions.

Satish, if you can still see this post, can you update your satus now? Is this USCIS mistake? How long did it take to get your corrected notice? I'm in similiar situation. Thank you!

Why withdraw your H1B? is it approved? Cap-gap only granted if H1B approved. As you are now unemployed, STEM may not be approved. My understanding is you are in 60-day grace period starting from Sep 30.

No sure why your H1B only valid for 28 days

Rythm, do you any update on your case? I am in very similiar situation. I received I797B instead of I797A for no reason I can find. No notice issued from USICS stating the reason to deny COS. I am not sure if I can continue to work now since my old I-94 has expired. My attorney did filed a request to correct this before I-94 expiration, I just don't know if this can justify my work status now before the request is resolved.

As far as I know, you have 60 day grace period upon receipt of your denial notice.