H1b Approval Consular Processing and restoration of STEM OPT

Recommended Posts

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.


  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
Link to comment
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
Link to comment

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.

Link to comment
  • 5 weeks later...
  • 2 weeks later...

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.