mfgengrCO Posted October 5, 2020 Report Posted October 5, 2020 My H1B COS application was selected in the April 2019-20 Cap-Gap advanced degree lottery process. But I received an RFE in Sept 2019. I had to travel to India due to a family emergency in December 2019 but we submitted the RFE response before the deadline. I was able to re-enter into the USA on my valid F1 STEM OPT visa, while my H1B decision was still pending. The USCIS denied the H1 petition on specialty occupation in January 2020 and we filed an appeal i290B form to the AAO right after. The appeal got sustained by the AAO in Aug 2020 and the H1B change of status finally approved in Sept 2020. I am concerned if the USCIS approved the change of status along with the underlying H1B petition as a mistake/error because I exited the US and then re-entered while this H1B COS petition was still pending decision. Will I have any issues in the future if I start working with the i797A I received for this approval? P.S. My F1 STEM OPT expired in June 2020 with grace period ending in Aug 2020. Hence we filed a B2 COS petition in August to maintain legal status in the US. This B2 COS petition is still pending decision. Quote
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