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Hello,
My name is Pat. I am currently living in USA with my dependent wife. I completed my MS in Accounting in May-2010 which gives me a valid OPT period till May-2011 + 60 days. During year 2010-11 I got a real accounting job and we eventually filed for H-1 B Visa in april-2011 (before my OPT expired). Now from April-Oct, I was legally allowed to stay and worked under CAP-GAP rules, recently on 10/12/11 we were informed that my I-129 petition for H-1 got denied and it states that I must depart from USA if my I-94 is expired. The basis for such denial was that my job needs a bookkeeper and not accountant so it is not a specialty occupation.
My question is that my I-94 does not have an expiry date on it, so does it mean that I have to consider my OPT expiry date?
Is there anything that I can do to buy some more months’ time in USA legally? My employer will do anything in order to keep me.
I request you to help me, I am in great pain and stress right now.
Thanks!
My name is Pat. I am currently living in USA with my dependent wife. I completed my MS in Accounting in May-2010 which gives me a valid OPT period till May-2011 + 60 days. During year 2010-11 I got a real accounting job and we eventually filed for H-1 B Visa in april-2011 (before my OPT expired). Now from April-Oct, I was legally allowed to stay and worked under CAP-GAP rules, recently on 10/12/11 we were informed that my I-129 petition for H-1 got denied and it states that I must depart from USA if my I-94 is expired. The basis for such denial was that my job needs a bookkeeper and not accountant so it is not a specialty occupation.
My question is that my I-94 does not have an expiry date on it, so does it mean that I have to consider my OPT expiry date?
Is there anything that I can do to buy some more months’ time in USA legally? My employer will do anything in order to keep me.
I request you to help me, I am in great pain and stress right now.
Thanks!
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