F-1 OPT STEM approved after Change of status(H-1B)


I worked for a company last year which filed for my H-1B in May 2012 while I was on OPT. It was approved immediately as it was done in premium processing. I left the company in July 2012 and they said that H-1B would be withdrawn. So I applied for my OPT extension in September, the I-20 for which was issues by my school after I gave the offer letter from my new employer. It was also approved in November 2012 and now I have the OPT STEM extension card, that is valid until Mar 2014.

Now, when I submitted a request to get a new OPT I-20 with my new employer name in Dec 2012, my college I-center found that my H-1B petition was not withdrawn and that in SEVIS records, my status went from active on F-1 to H-1B. It also mentions that my OPT extension is approved. Now the school is not sure which one applies to my status and wants me to talk to an attorney. I do not have ny fault on my side and neither have I violated any F-1 norms. SEVIS has both H-1 and my OPT extension mentioning as active in its records. It the company which failed to withdraw the H-1, which is now causing problems. My new employer is filing my H-1 this year in April and I want to make sure that I do not have any problems then. Plase advice how I can procedd with this issue.

It looks like a fault of SEVIS and USCIS to approve the OPT extension when your Fi-1 to H-1 COS was set to take place on Oct 1.

Your best bet is to get in touch w/ a good attorney who can help w/ this mess.