My OPT expired on June 2012 but before expiration my employer filed H1b. USCIS asked for RFE which was submitted in timely manner. Just today on 11/8/2012 I found out that my petition is denied What are my further options? Can i repeal the petition and what are the chances of approval after repeal?
Announcement
Collapse
No announcement yet.
H1b denied after opt expiration
Collapse
X
-
The petition denial makes you out of status. You must leave the US immediately.
An appeal may be filed by your employer but that does not give you any legal status to stay in the US (unlike a pending petition). So if appeal is denied, all your stay beyond permitted stay will be considered illegal and it will create problem for future travel. You can consult an attorney to better understand your options.This is my opinion and not legal advice.
Comment