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F1 OPT Denied : Appearing for H4 interview

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  • F1 OPT Denied : Appearing for H4 interview

    Hi Guys /Experts
    My wife came to US on H4 visa in 2012 . I have a valid H1 -B and I ve completed my masters from a good university and currently i am in research field in a semiconductor company.
    My wife's i94 H4 stamping was valid till Oct 2015 ( tied with my H1) . Now , in the meanwhile she enrolled at ITU under F1 visa. She completed her coursework in September 2015 and then applied for her OPT. USCIS took a long time for the decesion and on May 4th 2016 they denied her OPT. I tried with my lawyers to file for H4 COS but they said since she has a expired i94 and her OPT was denied , H4 COS is going to be difficult. Their recommendation is for her to leave US ASAP and file for fresh H4.
    This is exactly what we have done. She is in India now and waiting for her visa stamping. However, I would like to get you option on following questions

    1) Given her OPT denial, will this affect her chances on getting H4 ?
    Papers from my side are all clear. No violation etc on my H1 visa. We have all the necessary docs (marriage certificate etc...) We filed taxes jointly since last 3 years .

    2) If her OPT gets denied , what other options do I have to get her back here.


    It was a big mistake on our side to enrol at ITU .But we saw people around us got through easily even after graduating from ITU. The reason for OPT denial was USCIS was looking for some income proof during her CPT but her CPT was unpaid and a letter stating her unpaid CPT was already provided to USCIS. So I dont know the reason for her OPT denial.But honestly I am least bothered to file a motion as ITU is not a reputed college and I don't want to file a motion and wait till my wife accures unlawful stay in US.
    Please help

    Nikunj

  • #2
    F1 OPT Denied : Appearing for H4 interview

    Guys kindly help please

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