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H1B Got receipt but USCIS confirmed that as an error and case is not picked in Lotter

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  • H1B Got receipt but USCIS confirmed that as an error and case is not picked in Lotter

    Hi ,

    Looks like mine is a typical case.

    We got an email from USCIS on April 14th that my H1b was picked and on April 17th i got my receipt i797C form in regular mail also as mine was a premium processing case.
    I am in CAP - GAP and my CAP - GAP got approved till September 30 and i received my latest i 20 from the university.
    But till date my case number status was showing as CASE NOT FOUND. '
    So my attorney did contact the USCIS office to see whats happening and if possible refund my premium processing fees as they failed to give result in 15 days
    Then they confirmed that the case was not picked in lottery and the receipt was keyed as an error and they would be returning my packet as my case was not picked in lottery.
    My Attorney is further checking on this issue as of now.

    I am pretty disappointed the way USCIS processed my case and not sure what can be my next step over here.
    Also my STEM OPT period is getting over by June end and can i work till September 30 as i have a valid I 20 and CAP GAP period approved.

    Any advice regarding my next step towards my case is highly appreciated.

  • #2
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    • #3
      Your message was posted as anonymous on Facebook wall- (May 21st)


      • #4
        They take time to change status mine was case not found for a while and it changed after 3 weeks


        • #5
          Contact your dso as your cap gap will not be valid if you do not have an approved H1b... I am not sure how this works and how come your dso approved your cap gap without even checking your approved h1b.... Please contact your college dso as this is a unique case


          • #6
            Does your check got cashed!?
            If so, I guess, they can't say that 'your case was not picked'.
            If your check never cashed out, and receipt was issued by an error, i doubt the validity of cap-gap. Please contact ur dso asap!


            • #7
              well .. sorry for the disappointing news.. this really is a weird scenario.. As per my understanding, I think the cap gap will not be valid and may not have been even approved. CAP GAP gets automatically applied by uscis once ur application is selected in the lottery and processing begins on it. ur dso wont have any say in the matter so i doubt if that would help, but do contact ur dso n ask him for possible next steps.. I feel your attorney might give you better advice ... u might want to start thinking of alternative options. You will NOT be able to work after ur opt expires. you can stay on in the US for another 60 days grace period..u need to get ur status changed to another F1 or try getting employed with a CAP- exempt employer who can file for another h1 before u go out of status.. ask ur employer if they can place you outside US for a year n reapply for h1b next year. thats kind of a long shot but it saves u from getting in more debts from another degree.. You have a few options ahead of you.. All the best !!


              • #8
                Omg..I lost lottery but u guess things cudve been much worse