Merry Xmas to all!
I'm holding F1 status and I got some problems when applying for my OPT. So I applied for H4 as backup, Although OPT finally was approved, I still have some leftover issues on my H4 application withdrawal. The following is the event list:
early July, OPT filed.
Aug 13th, officially graduated with 60-day grace period.
Sep 10th, OPT denied by mistake, so the last day of legal stay was Oct 11th. OPT case appealed, but processing time is long.
Oct 4th: file I-539 application for F1->H4 to keep the status.
Oct 10th: OPT approved, so the payment check for H4 application was cancelled.
Later on, I received the I-797C, notice of action, saying that my I-539 receipt date is Oct 16th. I skipped it, since the check was already stopped.
Later on, I received an invoice dated on Nov 5th, which asked for the I-539 processing fee resubmission due on Nov 28th. I skipped this invoice again, assuming not taking any action means the case will be dropped.
Now I received an I-797C, notice of action, dated on Dec 19thand the content is as follows:
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We will take no further action on your application or petition until the filing fee, plus all penalites are paid, in full. However, if we do not receive payment in full within 14 days, then:
1. Your application or petition will automatically be rejected as not properly filed.
2. Although the application or petition will be rejected, the debt to the United States of America will still be due, and the government may take legal action to collect the debt.
3. In addition, once the application is rejected, if you still want to continue to seek the benefit, you will have to start over and re-file and entirely new application and submit a new filing fee. However, refiling will not eliminate the outstanding debt for the prior application.
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In this situation, what should I do?
1. take no action until the case is rejected. My concerns: a) What if US government send debt collection request later? Will it affect my credit history? b) What if I pay the money and they think I want to continue the application and later H4 override my F1 OPT? c) Will the case rejection record have any negative impact on my future application for H1B/GC etc?
2. send an official request for application withdrawal. If so, where should I send the request?