I797B amendment for I797A, I94 got expired


Arash

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Hi all, 

I am in a complicated situation regarding my H1B. I appreciate if you can provide help or comments.

1. I received my H1B last year, in I797B form. We requested initially for Consular option but later I changed my mind to change it to 797A. 

2. Last year I asked employer to change it to I797A, and they told me they would submit an amendment for COS. 

3. I have a valid OPT still for another couple of month. Company attorney submitted the amendment for I-797A couple of month ago, but USCIS replied that my I94 got expired on Oc1st last year. 

4. Now my OPT card is still valid, but how come my SEVIS record was changed automatically? I never activated my I797B and never went to the embassy so why I94 was expired on Oct1st? 

5. Can company attorney now submit an appeal and provide above information to get this resolved? 

6. When should the amendment be submitted in this kind of case? Should it been before Oct1st? Why? 

What are the other possible solutions or any other information that could help?

Thank you in advance

Arash

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  • 2 weeks later...

Hi all, 

I just wanted to mention here that I was able to receive I797A without the need to go to consular. 

I originally had I797B and my employer filed an amendment and it worked.

I found useful information on this forum, I will be happy to help. 

Arash

 

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  • 6 months later...
On 6/6/2018 at 4:56 PM, Arash said:

Hi all, 

I just wanted to mention here that I was able to receive I797A without the need to go to consular. 

I originally had I797B and my employer filed an amendment and it worked.

I found useful information on this forum, I will be happy to help. 

Arash

 

Hi Arash,

 

i’m currently in the same boat , i just received  i797B with expired valid dates, i’m having opt vaild til 2020 however my sevis got changed automatically. Could you please help me 

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