H1B- Intended to revoke Status

[Praneeth Y]

Hi,

I got my H1B approved in may 2018 but on September 18 my status changed to intended to revoke in USCIS site. I got a notice saying to submit specialty occupation. Right now I am on STEM OPT, expiring on June 30th 2019. I have 3 questions,

 

1. Does my status change to H1B after September 30? (I assume my status will change to H1B because my H1B status is still intended to revoke but not revoked)

 

2. If my status change to H1B after September 30 and if my application got rejected (after submitting my RFE to USCIS) does my status automatically switch back to OPT?

 

3. Can ISSS/DSO have a authority to not to terminate my Sevis until i get some clarity on my H1B application?

 

Thanks in advance,

Praneeth Yamsani

[02112018]

1. Check the start date of H1 on Approval notice.

2.No, you can't switch back to OPT automatically

3.No

You should immediately reply to RFE on specialty occupation, if not you will out of status, if you are H1 is revoked after H1 start date.

[Praneeth Y]

Thanks for response. I heard that once my H1 is revoked after my H1 start date,  DSO can reactivate my STEM OPT is that correct?

[02112018]

Contact SCHOOL DSO for STEM OPT activation.

[xTDx]

On 9/25/2018 at 12:13 AM, Praneeth Y said:

Hi,

I got my H1B approved in may 2018 but on September 18 my status changed to intended to revoke in USCIS site. I got a notice saying to submit specialty occupation. Right now I am on STEM OPT, expiring on June 30th 2019. I have 3 questions,

 

1. Does my status change to H1B after September 30? (I assume my status will change to H1B because my H1B status is still intended to revoke but not revoked)

 

2. If my status change to H1B after September 30 and if my application got rejected (after submitting my RFE to USCIS) does my status automatically switch back to OPT?

 

3. Can ISSS/DSO have a authority to not to terminate my Sevis until i get some clarity on my H1B application?

 

Thanks in advance,

Praneeth Yamsani

Just curious, so you had an approval notice in may 2018 and then another rfe and notice for intent of revocation ?

1- No, Not until H1b is approved with change of status. 

2- No

3- No

[Praneeth Y]

 

8 hours ago, xTDx said:

Just curious, so you had an approval notice in may 2018 and then another rfe and notice for intent of revocation ?

1- No, Not until H1b is approved with change of status. 

2- No

3- No

Yes. Initially my H1 approved directly  without any rfe. On sept18 2018 i got notice saying my petition is  intended to revoke and asked me to submit specialty occupation with in 30 days.

[xTDx]

15 hours ago, Praneeth Y said:

 

Yes. Initially my H1 approved directly  without any rfe. On sept18 2018 i got notice saying my petition is  intended to revoke and asked me to submit specialty occupation with in 30 days.

This year we are seeing many more cases such like yours. My theory is that USCIS has approved way too many petitions for the FY2019 cap and now they are sending RFEs to weak cases like lvl1 wages and evc model petitions. Which one is yours ? Job code and wage level ?