HELP-F1 out of status by SEVIS or college fault

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blue25

Registered Users (C)
Hello everybody,
I need any help I can get, any advice.

I graduated in May 2003. I filled for OPT and was approved. I've got my Employment Authorization that expired on June 1, 2004.

Just before June 1, 2004, I have received a notification letter from State Dept that I've been selected for green card lottery DV-2005. On October 1, 2004, I will submit the papers for that.

In the meantime, my college conselors have been trying to help me to put me back in status. Apparently, my SEVIS records say "Incomplete-Out of Status", meaning that either my counselor didn't submit all the documents or SEVIS never processed my OPT application.

Things done so far: First week of August, my counselor has submitted all of my papers by fax to SEVIS administration in Washington D.C. My status has not been changed yet. He tried reaching them by phone, but didn't get any answer.

I need help! If anyone has any info that can help me, please let me know.
Thank you.
 
since your OPT ended on June 1, you only had a 60 day grace period after that. It expired on Aug 1. You have been out of status since then, and it doesn't look like it's the school's or SEVIS's fault, but your own.
 
No! I have tried to enrol in a school until my interview comes up, but my counselor said that my file in SEVIS is incomplete, meaning that either my previous counselor didn't submit all the paperwork or SEVIS didn't process all the papers.
Listen, the fact of the matter is in SEVIS I'm out of status since July 2003, but at the same time I was approved Employment Authorization one month before in June 2003.
 
besides the fact that you have been out of status since June 2003 through no fault of yours, you are now out of status anyway. Do try to correct the SEVIS record mistake, but even with that error corrected - you are still out of status now. Better get reinstated quick.
 
well, it depends. Usually your advisor at the INt. center will request the changes to it, if appropriate.
 
Well.. the problem i have now is..
I m in my home country, trying to get my H1 visa stamp. However the consular officer stamped "Cancelled without prejudice" on my F1 visa already. Even if the international student office gets my status reinstated, can i get in to the U.S. with the F1 visa that has the stamp on it??
:confused:
 
Thanks LucyMO for your prompt reply.
If I am going to enter U.S. on H1, am I still gonna be subjected to the "enter no more than 10 days prior to H1 start date"??
Or can i enter earlier since mine is a change of status from OPT/F1 to H1?
 
if you are not in the U.S. - you are not changing your status from F-1 to H1. You are getting a new H1 visa, and that's different. If your change of status to H1 was approved, then you cannot enter on F-1 visa and start working on H1.

If you are getting H1, why would your international office work in your reinstatement?

You are not giving us the full information, therefore, the usefullness of the reply is limited.
 
Hi LucyMO

My OPT/F1 was to expire Jan 10.
My H1 was to begin Jan 01.
I came to my country for a short visit in Oct. and while trying to get my H1 stamp to go back to the States, problems crop up. Apparently I need the entire original I797, which my employer has kept the upper portion.
So while trying to get my original together, somewhere along the line, we realised that my OPT/F1 was terminated by CLAIMS in Aug. when H1 was approved. From what I have read in immigration forums, this is not supposed to happened, I should have my OPT until Jan 01.
Anyway now, I am just here waiting for Dec. 22 to get back to the states (10 days before Jan 01, when my H1 will roll in)
Is there a way where I can get back to the States before Dec 22?
Please advise. Thanks a lot!!!
 
I don't know anything about H1, perhaps, you should ask your question in the appropriate subforum. Do try to correct your SEVIS record, because you don't want any trouble. Illegal presense didn't start ticking for you, and that's good (since you had D/S in your I-94). :)

Get the entire I-797 and get an H-1 visa.
 
They put me back in the system! I spoke to my counselor and after waiting he finally decided to be proactive, rather than just to wait on SEVIS to do something. :) Thank you everybody for yor input.
 
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