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What if H1 is denied?

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  • What if H1 is denied?

    I am currently on OPT which will expire in February 2005.My F1 is valid until Jun 2005.But my H1 visa petition got denied and i do not know the reason.I am sure it is because of a screw up by my employer.
    My question is, what happens to my current status?If it is valid, will i be allowed to leave the country and come back in december, this year?
    Please, if someone has had such an experience, or can lead me to some one that can answer my question let me know immediately.
    Thank you.

  • #2
    You will not be out of status. OPTs have a grace period of 60 days.You may qualify in 2006 quota. Filings start in April 2005 and will be vaild from October 2005. If there is more GAP you can just go out of the country(like mexico) and get it stamped. Then, you should ask the new petitioner to request a consular notification.

    This not a legal advice. Please use at your own risk or contact a legal professional.

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    • #3
      Dear Dan,

      Thank you very much for the info.It is much reieving to know that i will not be out of status.Does that also mean that i can leave the country and come back in before my OPT expires?
      My OPT expires on Feb 10 2005.I am getting married on Nov 28 and i will re-enter the USA on Dec 5.Is this not a problem?Can i safely re-enter the country with my current OPT?
      The DSO in my school says that she is not sure if she is allowed to endorse my I20, since i am being shown as 'out of status'.What can i do to convince her that i am not out of status and that she can endorse my I20?

      Thanks again for the info and i am very eager to hear response from you.It is one of the most important trips i will be making and the situation is very messy.
      I will never forget the assistance you have provided.

      Sudarshan

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