Accidental change of status from F1-OPT to H1B by USCIS


anonuser

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While I was working on OPT, my attorney had applied for H1B in April with a consular processing request (change of status I-539 was not filed). The H1B petition was approved.

Today, I learned that USCIS had accidentally authorized a change of status request for me from F1-OPT to H1B effective October 1. The change of status wasn't intended and we specifically filed for consular processing, so that I can extend my OPT to the STEM extension, and get the H1B stamped later in the future. But my SEVIS record in the CLAIMS database was automatically deleted on October 1 due to the accidentally authorized change of status.

Will I be able to revert my status back to F1 on OPT and reinstate my SEVIS record, if the above facts are correct and the mistake was indeed made by USCIS, and not by my attorney? How should I go about doing this?

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This had happened to me too long back. Instead of Oct 1st, they terminated my SEVIS and started H1b just after H1b approval (somewhere in May-June).

Do these steps:

 

1. Contact you attorney and make sure H1b was filed with CP not COS.

2. Attach the proof of step 1 and contact your school and ask them to raise a SEVS data-fix ticket. (This will put you back on F1 with all previous benefits). Once done, keep the records. 

This would take 2-3 weeks. You can't work meanwhile.

 

Please update here, if it worked.

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