I129 approved backdated and USICS reopened my case on the same date of approval - I20

USA H1B Visa
1

Sorry for long post but please do respond

My employer Filed I-129(H1B) petition for the year 2019

  1. USCIS denied petition on September 2019 because of expired SOW, Employer have filed MTR(I290B) with Updated SOW.

  2. On Feb 4th 2020,Denied case status updated to Case was Reopened to review their denial decision and actively being reviewed.

  3. On Feb 5th 2020, Case was updated to Case was approved—> Case status says on Feb 4th we approved your I-129,petition for non immigrant worker and we sent you a notice,

  4. On Feb 5th 2020, After 1 hour of approved updated, case status changed to case was Reopened----> Case status says we reopened your I129 petition, we sent you a Reopen notice, follow the instructions.

Finally we have received approved notice I797A on Feb 11th 2020, with notice date of February 4,2020 and approval dates of 10/01/2019-12/16/2019& I94 expiry date 12/26/2019.

We have received I797C REOPEN notice on February 15th 2020, saying that “We are treating appeal filed for your case listed above as USCIS to reopen or USCIS to reconsider”.We will notify you in writing when we make decision.

(Note: In Reopen notice USCIS never mentioned approval decision is being reviewed)

According to USCIS current case status was Reopened.

my school DSO emailed me saying that my SEVIS got terminated, They are unable to REACTIVATE SEVIS since petition approved with I797A.

According to I797A I94 expiry was 12/26/2019, and University SEVIS also terminated. Now I am concerning about my status, Since case approval dates back dated can i file nunc pro tunc (NPT) to request USCIS for extended stay?

I have reached USCIS customer service to know status about the case whether my approval valid or not, Since case reopened what steps i have to take for further proceedings,Tier-1 officer unable to answer my question, They transferred my call to Tier-2 officer, even Tier-2 officer also does not have any conclusion and all she can do is to put a EXPEDITE SERVICE REQUEST. she did that.

My employer saying since case Reopened and decision pending, Don’t worry wait for USCIS decision, till that time you are good. once USCIS has decision we can go for further steps.

What option do i have? can i listen to my employer and can i go for second opinion with other attorneys? Please advice. Thanks in advance.

2

Well, if you have documentation proving that case is re-open and decision is pending, then you have proof to stay. You will be in period of Authorized Stay. .
As there is so much of confusion and changes with your status, I suggest you take second attorney opinion and then make an informed decision,. Your status is your responsibility, so I suggest you take care of it by talking to another attorney to be sure… Also, do update here for community benefit.