OPT ended and I-797B issued instead of I-797A

[srilu_10]

Here is my case

I came to US in Dec 2004 on F1 and My I-94 was till D/S Duration of study.

I graduated in may and my OPT was from June 15th 2006 till June 14th 2007.

I applied for H1 in May 2006 and got it approved starting Jan 14th ...but i got I 797 B ( which does not have an I-94 and is H1 approval without change of status) instead of I 797A.

I 797 B is H1 approval without change of status, My employer applied for amendment in May 2007. Again i got I 797 B instead of corrected I 797 A with a start date of october 1st. Now i am planing to go to india(mumbai) for stamping and wanted to know if somebody has gone through the same situations and

what should i answer if visa officer ask's me about what have you done from June 14th 2007 tilll October 2007 and as you were not in OPT or in H1b why did you stay in US

 

[snugjoint]

F-1 students have 60 days of grace period. Therefore you were in fact in valid F-1 status from June 15, 2007 to August 14, 2007. That is why you couldn't get I-797B, you weren't qualified to apply for a COS from the beginning because you did not have valid F-1 status that won't expire until September 30, 2007.

Anyway, since August 15, 2007 you have been out of status. You should tell the officer the truth.