ht1102 Posted January 3, 2020 Report Share Posted January 3, 2020 (edited) Hello everyone, I was working with company A which filed my H-1b in 2019 (Master's cap). The employment was discontinued and H1b was approved a few days after the discontinuation of employment. Joined company B on STEM OPT in August (cap-gap extension was active and stem OPT valid until 2021). Company A submitted the withdrawal in September 2019. However, due to automatic Change of Status kicking in from Oct 1, STEM OPT was inactive. Now the company filed H-1b transfer(consular processing after Oct 1) and it got approved. I also received revocation notice/withdrawal approval for Company A's petition. Questions: Should I restore STEM OPT by submitting the revocation notice as a part of the SEVP data fix? In order to activate the H1b status, should I get the data fix done prior to scheduling the visa interview at the foreign country consulate? Is it necessary to file a new amendment H1b petition in 2020(after completing the data fix first) and then go for stamping after obtaining approval? Thank you! Edited January 3, 2020 by ht1102 formatting Quote Link to comment
User099 Posted January 7, 2020 Report Share Posted January 7, 2020 1 yes 2 it's better to do it this was as there will be no gap in status. 3. No Quote Link to comment
ht1102 Posted January 8, 2020 Author Report Share Posted January 8, 2020 (edited) 21 hours ago, User099 said: 1 yes 2 it's better to do it this was as there will be no gap in status. 3. No @User099 Appreciate your response on both the posts. I was able to complete the data-fix. What do you think about the possibility of a question arising during the visa interview related to the petition being a cap-subject petition/going through the lottery again since it is Consular Processing? I want to understand the technicalities of Consular Processing. Thank You! Edited January 8, 2020 by ht1102 Quote Link to comment
User099 Posted January 8, 2020 Report Share Posted January 8, 2020 I am not sure on how they filed for the transfer without the original petition taking effect from Oct 1st. I did not want to go there without enough information. May be talk to the attorney who filed for the transfer will be a good option. If you have been on status all the while and have no issues, then I think your consular processing should go fine. Quote Link to comment
Sam.kote Posted February 8, 2020 Report Share Posted February 8, 2020 Hi I am in a similar situation. How long did it take to reinstate the STeM? Also, we’re you working during that time? Quote Link to comment
ht1102 Posted February 17, 2020 Author Report Share Posted February 17, 2020 @Sam.kote For my case the reinstatement process was very quick - 1 day. Usually, the DSO recommended timeline is 1-2 weeks. Yes Quote Link to comment
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