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H1B denied OPT about to expire


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#1 f1visaus

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Posted 01 March 2011 - 03:53 PM

Hi,

I'm currently on a valid F1 visa. My wife is on F2 visa. My OPT expires on March 22nd 2011. My employer filed for my H1B and I just checked my application status online and it has been denied and I'm still waiting on the documents.


1) What are the options available to me at this moment to maintain any valid visa status?

2) Can I apply at a new university during the 60-day grace period after my OPT expires? or Do I have to do this before the OPT expiration date(March 22nd 2011)?

3) Can we also appeal (MTR) on my H1B denial while or after transferring to the new university?

4) Can I transfer my F1 to a new university during my H1B MTR( Motion to reapply) processing? How long does USCIS take for premium processing of MTR? Can I expect a decision before my OPT expires.

Please advise.

Thanks!!

#2 Joe.F

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Posted 02 March 2011 - 03:06 AM

The application window for Fall quarter at most real universities is already closed.
Do NOT apply at one of these shady diploma mills, the *******, ***, ****, etc.

#3 f1visaus

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Posted 02 March 2011 - 10:45 AM

Originally posted by JoeF:
The application window for Fall quarter at most real universities is already closed.
Do NOT apply at one of these shady diploma mills, the *******, ***, ****, etc.


Thanks for the advice JoeF.
I am not looking for these sham universities. I heard there are some good/real universities that take rolling admissions. If they accept my h1b transfer in the next 3 weeks I want to study just to maintain my valid status and stay in the US. Do you know of any such universities?

Can you please answer the other questions I asked?

#4 immigrant_rookie

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Posted 03 March 2011 - 12:30 AM

Originally posted by f1visaus:

1) What are the options available to me at this moment to maintain any valid visa status?

---> You have to either change status to something else, or continue to enroll in school. You probably know that, but I don't know what else you can do here.

2) Can I apply at a new university during the 60-day grace period after my OPT expires?

---> Yes.

or Do I have to do this before the OPT expiration date(March 22nd 2011)?

---> No


3) Can we also appeal (MTR) on my H1B denial while or after transferring to the new university?

---> Yes you can. However, you need to know why it was denied, and fix the problem. Otherwise, it's a waste of time.

4) Can I transfer my F1 to a new university during my H1B MTR( Motion to reapply) processing?

---> Yes. As long as you get admitted to another university and get SEVIS transferred there, you should be ok. The process of SEVIS transfer is done between the two schools, and does not involve USCIS as your non-immigrant status remains F-1.

How long does USCIS take for premium processing of MTR?

----> They do not do premium processing MTR. Do not count on MTR, it's a rather long process and they usually take the same stand as the adjudicator who denied your case, unless there are blatant mistakes. But it's not to say have haven't been successful MTR.

Can I expect a decision before my OPT expires.

---> No way with MTR.

---> You priority now should be getting admitted to another university (and like JoeF said, a real one, not one of those shady diploma mills). Your second priority is maybe to find another job, to file a new H1B?



#5 f1visaus

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Posted 03 March 2011 - 08:59 AM

Originally posted by immigrant_rookie:

Originally posted by f1visaus:

1) What are the options available to me at this moment to maintain any valid visa status?

---> You have to either change status to something else, or continue to enroll in school. You probably know that, but I don't know what else you can do here.

2) Can I apply at a new university during the 60-day grace period after my OPT expires?

---> Yes.

or Do I have to do this before the OPT expiration date(March 22nd 2011)?

---> No


3) Can we also appeal (MTR) on my H1B denial while or after transferring to the new university?

---> Yes you can. However, you need to know why it was denied, and fix the problem. Otherwise, it's a waste of time.

4) Can I transfer my F1 to a new university during my H1B MTR( Motion to reapply) processing?

---> Yes. As long as you get admitted to another university and get SEVIS transferred there, you should be ok. The process of SEVIS transfer is done between the two schools, and does not involve USCIS as your non-immigrant status remains F-1.

How long does USCIS take for premium processing of MTR?

----> They do not do premium processing MTR. Do not count on MTR, it's a rather long process and they usually take the same stand as the adjudicator who denied your case, unless there are blatant mistakes. But it's not to say have haven't been successful MTR.

Can I expect a decision before my OPT expires.

---> No way with MTR.

---> You priority now should be getting admitted to another university (and like JoeF said, a real one, not one of those shady diploma mills). Your second priority is maybe to find another job, to file a new H1B?


Thanks for the prompt response. I have few more questions regarding this.

I just spoke with my student advisor at my school. It is a very good university. They have agreed to enroll me into a new degree. But the new semester does not start until August 20th 2011.

1) Can I and my wife stay in the US until the semester starts or do we have to go out of the US and come back?

2) My Advisor told me that I can stay in the US if the start date of the semester at a new university (I-20 transfer) or the same university should not be more than 5 months from the end of OPT. Is that true? Or is it 5 months from the start date of a new I-20?

3) My university offers courses in Summer/Fall/Spring semester. Can I apply for the coming fall semester (August 20th) and continue staying in the US until the semester begins or Do I have to start in the Summer semester?

Please advise.

#6 f1visaus

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Posted 03 March 2011 - 02:02 PM

Originally posted by f1visaus:

Originally posted by immigrant_rookie:

Originally posted by f1visaus:

1) What are the options available to me at this moment to maintain any valid visa status?

---> You have to either change status to something else, or continue to enroll in school. You probably know that, but I don't know what else you can do here.

2) Can I apply at a new university during the 60-day grace period after my OPT expires?

---> Yes.

or Do I have to do this before the OPT expiration date(March 22nd 2011)?

---> No


3) Can we also appeal (MTR) on my H1B denial while or after transferring to the new university?

---> Yes you can. However, you need to know why it was denied, and fix the problem. Otherwise, it's a waste of time.

4) Can I transfer my F1 to a new university during my H1B MTR( Motion to reapply) processing?

---> Yes. As long as you get admitted to another university and get SEVIS transferred there, you should be ok. The process of SEVIS transfer is done between the two schools, and does not involve USCIS as your non-immigrant status remains F-1.

How long does USCIS take for premium processing of MTR?

----> They do not do premium processing MTR. Do not count on MTR, it's a rather long process and they usually take the same stand as the adjudicator who denied your case, unless there are blatant mistakes. But it's not to say have haven't been successful MTR.

Can I expect a decision before my OPT expires.

---> No way with MTR.

---> You priority now should be getting admitted to another university (and like JoeF said, a real one, not one of those shady diploma mills). Your second priority is maybe to find another job, to file a new H1B?


Thanks for the prompt response. I have few more questions regarding this.

I just spoke with my student advisor at my school. It is a very good university. They have agreed to enroll me into a new degree. But the new semester does not start until August 20th 2011.

1) Can I and my wife stay in the US until the semester starts or do we have to go out of the US and come back?

2) My Advisor told me that I can stay in the US if the start date of the semester at a new university (I-20 transfer) or the same university should not be more than 5 months from the end of OPT. Is that true? Or is it 5 months from the start date of a new I-20?

3) My university offers courses in Summer/Fall/Spring semester. Can I apply for the coming fall semester (August 20th) and continue staying in the US until the semester begins or Do I have to start in the Summer semester?

Please advise.



Also, my F1 visa is getting expired on June 10th. If I get a new I-20 before the expiration, I and my wife are still eligible to stay in the US right? Thanks again.

#7 f1visaus

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Posted 04 March 2011 - 01:01 PM

Can somebody please respond ?


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