F1 to H1: RFE for AOS during COS

[Zealous_Traveller]

Hello this is urgent! My RFE response is due by first week of August'15.

 

My Current Status: F1 on Cap-Gap OPT extension. OPT EAD expired in June'15.

However, F1 visa is valid until December'15.

 

RFE for H1: Maintenance of Status

Beneficiary was present on filing date April 1. An alien who departs the country while the petition was pending for change of status (COS) to have abandoned COS.

Asked for current I-94 to prove that alien was in the country.

 

I travelled outside the country for 2 days to Canada (last week of April and came back). Right after I got back, one day later when I checked my case status, it was updated to "H1 is being processed."

 

What are steps that I need to take prove it was unintentional abandonment of status. My H1 was technically not  even picked up until then, as I was able to come back. When I retuned  my F1 status was valid until last week of June.

 

 

 

[pontevecchio]

Get a Lawyer. Did you use AVR? If so you may be OK.