I129 approved, but USCIS sending me back to my home country

[stonexu1984]

Here is a timeline summary for my case

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5/16 - laid off from company A

6/6 - filed application to change status to F1

8/3 - new company B file H1 extension(pp) for me, meanwhile the company attorney asked me to revoke F1 application which was in pending and I did what he said.

8/16 - RFE about the gap and the match of backgound and position.

8/23 - RFE received.

8/29 - post decision activity

On August 29, 2011, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

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We have not received the hard copy but company attorney said with "Post Activity Decision" which usually means the extension of my H-1B is denied and i must consular process for your visa in my home country.

He is an honest guy and told USCIS everything such as laid off, gap, etc.. and wish USCIS could excuse my "out of status" which did not happen. Also he said my request of changing to F1 does not help me. Now USCIS is sending me back to my home country to activate my H1 visa.

I will hope for the best and prepare for the worst. In case this happens,

1. Officially when is the gap period?

2. I searched online some ppls' case were sent back to USCIS from consulate and then takes forever to update.

3. What is the risk that I would be stuck at consulate or POE?

I feel very frustrated as this case is skewed by company's attorney. I know many ppl in the similar situation but never heard someone was sent back to have visa stamp. Plus I am not sure my company is willing to wait me for another month or so. And it is very costy to travel back and forth to get visa. Totally a disater to me...hope to get some help here! Thanks!

[pontevecchio]

First wait for the hard copy.