221g (additional processing) at H-1B stamping – reason seems to be F1 status violation.

amit_recw

New Member
During my Masters on F1 (Sep07- Sep08) I got a summer internship and my DSO advised me to apply for OPT in Mar08, when I told her I did not know at that time if I would graduate before or after summer. I graduated in Jun08 and after finishing the internship on OPT EAD, returned back to my country in Sep08. Last week I was issued a 221g-AAP at my H-1B interview in India, as my SEVIS record indicated F1 status violation. Now my school says I had a pre-completion OPT, and hence internship after graduation was violation of F1 status. My OPT EAD card had Jun-Dec 08 validity and did not mention "pre-completion". Was I really out of status? Can this be fixed?


Sequence of events with dates:

Sep 27, 2007 – Start of Masters program in US
Mar 15, 2008 – Applied for pre-completion OPT from June 2008 to Dec 2008
Jun 13, 2008 – Graduated
Jun 16, 2008 – Received EAD card (validity from June 17, 2008 to Dec 12, 2008)
Jun 24, 2008 – Start of internship
Sep 12, 2008 – End of Internship
Sep 15, 2008 – Departed from US
Aug 20, 2009 – Appeared for H-1B visa interview and was issued 221g for additional administrative processing
 
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