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ht1102

H1b Approval Consular Processing and restoration of STEM OPT

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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:

  1. Should I restore STEM OPT by submitting the revocation notice as a part of the SEVP data fix?

  2. 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?

  3. 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 by ht1102
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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 by ht1102

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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.

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Hi I am in a similar situation. How long did it take to reinstate the STeM? Also, we’re you working during that time?

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