SEVIS status completed DSO raised a Data fix ticket. Need to Change status

CS1

New Member
Greetings,

I have a situation here. My OPT grace period expired on April 11,2009. My employer filed for my H1B with a Change of Status request. Per my form I-797B, my H1b petition was filed on April 07, 2009 and the receipt date was April 15, 2009. My cap-gap extension request was filed by my DSO on April 10, 2009 which was granted and my DSO was able to print out a cap-gap extension I-20 which was valid until June 02, 2009 ( I am currently under my 60 days grace period which will expire on August 01, 2009). On April 12, 2009 my SEVIS automatically completed my status which resulted in the denial of my Change of Status request filed with USCIS. Although my H1b was approved for counselor processing.

So, in order to reinstate my SEVIS status to ACTIVE my DSO raised a data-fix ticket with the SEVIS helpdesk. A helpdesk official told my DSO that my status could not be reinstated since my H1b was received on April 15, 2009 i.e. after the expiration of my OPT 60 days grace period (I am confused whether they should consider the date on which the petition was filed or the receipt date). Anyway, my DSO still went ahead and opened a ticket with SEVIS helpdesk on June 26, 2009. My DSO also faxed a letter to the helpdesk official explaining him the whole situation. It is been close to a month and my DSO has not heard anything from SEVIS Helpdesk. In the meanwhile, I applied to another University for a masters program and I have gotten an admission approval from the university, the session begins on Aug 24, 2009. However, the university told me that I would have to apply for Change of Status since my old status is completed and I am no more on F1.

Now I have couple of questions:

1. How likely am I to get my SEVIS back to Active status again?

2. Am i eligible for Change of Status as this point of time as i am in my cap-gap extension 60 days grace period which will expire on Aug 01,2009?

I would really appreciate any input or insight that you may have in respect to my situation. Please help I am dealing with a crisis right now. Don't know what to do.

Thanks for your time

CS
 
You need to go to your DSO at your old school and ask for a transfer. Look at section 6.5 of this document: http://www.ice.gov/sevis/f_1_transfers.htm

In particular: "Optional Practical Training (OPT)

The student’s authorization for OPT ends on the transfer release date. Authorization for OPT is not transferable. If the student wishes to complete OPT, the transfer-out must set the release date for a date after the OPT ends. Students can transfer during the 60-day grace period following post-completion OPT, as long as the transfer release date occurs within the grace period."

That means you must go back to your old school, ask for a transfer and make sure the transfer release date is before August 1, 2009! That doesn't leave you a lot of time, make sure to get the ball rolling ASAP.

If all else fail, you should still be able to transfer a "terminated" SEVIS, see section 2.3

Also, if neither happens, your last resort would be to take the I-20 from the new school, leave the USA before August 1, and apply for a new F1 visa back home. I think you have to pay the SEVIS fee again if you go this route. Good luck.

PS: Your F1 status should still be active until July 31, 2009 because of the Cap-gap extension grant with a pending H1B filing. If you H1B filing is rejected, then you have 60 days to leave the US. You can transfer during this 60 days. The ONLY exception is that if your H1B is rejected due to immigration violation being discovered. In that case, the 60 grace period does not apply.
 
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I got it done finally!!

Thank you HKAndy for your reply.

I already have an approved H1b counselor processing. I would like to mention that my F1 status was finally reinstated on July 27th, 2009. It took well over a month but the wait was worth all the hard work. Desipte all the mess that my DSO had made, SEVIS helpdesk finally granted me an ACTIVE SEVIS Status.

Now, I can tranfer my SEVIS to my new school without having to exit the country.

All you guys out there who are in the similar situation as I was, do not worry. Right information (to take the necessary measures) and patience is the key to coming around a situation like this. So do not loose hope and stay on top of the situation.
Regards,
CS
 
I am USC and have filed I-485 for my wife and received the receipt notice. My wife was/is on F-1 student visa, which she does not intend to return to school. She was on 6 month medical leave, of which three months have passed. Now, i know once I-485 is properly filed, technically her F-1 student visa becomes invalid and she can not travel on it. Right?. She has applied for AP. Now, I know she can travel on GC. But before GC arrives, do we have to send a notification to school that she does not intend to return and her status shall be updated in "SEVIS" as studies completed or withdrawn. if she does nothing and does not report back to school, what will happen to her SEVIS record?

If she does contact school official, than What shall be noted in SEVIS and what date of status change be noted? Does DHS require that status update shall be before her medical or it could show during the medical leave? Do we have to give a copy of her NOA for I-485 to school to upgrade her SEVIS status?

Please answer by some one who is expert in SEVIS. To be prudent, I am also posting this in NIV section?
 
need urgent help

I am in somewhat same situation.. i feel u wil be able to guide me... please can i contact u to explain the whole scenario...m number is 5169748413
Greetings,

I have a situation here. My OPT grace period expired on April 11,2009. My employer filed for my H1B with a Change of Status request. Per my form I-797B, my H1b petition was filed on April 07, 2009 and the receipt date was April 15, 2009. My cap-gap extension request was filed by my DSO on April 10, 2009 which was granted and my DSO was able to print out a cap-gap extension I-20 which was valid until June 02, 2009 ( I am currently under my 60 days grace period which will expire on August 01, 2009). On April 12, 2009 my SEVIS automatically completed my status which resulted in the denial of my Change of Status request filed with USCIS. Although my H1b was approved for counselor processing.

So, in order to reinstate my SEVIS status to ACTIVE my DSO raised a data-fix ticket with the SEVIS helpdesk. A helpdesk official told my DSO that my status could not be reinstated since my H1b was received on April 15, 2009 i.e. after the expiration of my OPT 60 days grace period (I am confused whether they should consider the date on which the petition was filed or the receipt date). Anyway, my DSO still went ahead and opened a ticket with SEVIS helpdesk on June 26, 2009. My DSO also faxed a letter to the helpdesk official explaining him the whole situation. It is been close to a month and my DSO has not heard anything from SEVIS Helpdesk. In the meanwhile, I applied to another University for a masters program and I have gotten an admission approval from the university, the session begins on Aug 24, 2009. However, the university told me that I would have to apply for Change of Status since my old status is completed and I am no more on F1.

Now I have couple of questions:

1. How likely am I to get my SEVIS back to Active status again?

2. Am i eligible for Change of Status as this point of time as i am in my cap-gap extension 60 days grace period which will expire on Aug 01,2009?

I would really appreciate any input or insight that you may have in respect to my situation. Please help I am dealing with a crisis right now. Don't know what to do.

Thanks for your time

CS
 
data fix

Thank you HKAndy for your reply.

I already have an approved H1b counselor processing. I would like to mention that my F1 status was finally reinstated on July 27th, 2009. It took well over a month but the wait was worth all the hard work. Desipte all the mess that my DSO had made, SEVIS helpdesk finally granted me an ACTIVE SEVIS Status.

Now, I can tranfer my SEVIS to my new school without having to exit the country.

All you guys out there who are in the similar situation as I was, do not worry. Right information (to take the necessary measures) and patience is the key to coming around a situation like this. So do not loose hope and stay on top of the situation.
Regards,
CS

did you have to pay any fee associated with data fix.Thanks
 
Sevis Correction by Datafix

Hey i am on OPT and i can be on OPT untill Oct 2013 , but my company sponsored H1-b in starting from Oct 2012 in Consular Processing not in chance of status process , so that i can still stay on OPT untill Oct 2013 and i need to go to home country or canada to get stamping before my OPT expires , everything went well but once i got my H1-b Approved , my Sevis updated to "Completed" but it should be as Student untill my OPT expires as this is not a chance of status H1-B , my University requested a Sevis Datafix on Nov8th and i have booked a ticket to India on Dec5th 2012 without knowing all this , is there any chance i get this done before i leave or atlest if i get assurance that this will be changed i can leave to india and need this to be changed atleast before i return.

Please comment.....How much chances are there that my Sevis gets changed back to Student as my H1-b is not a chance of status, and how much chances are there to get this done before Dec5th.
 
Hi CS1,

Is there any chance you could write to me about how you got your SEVIS reinstated? I'd really appreciate it thanks!
 
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