OPT extension denied due to H1B


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I applied for my H1B under consular notification and got it approved by Dec 2017. When I applied for my 24 month OPT extension it got denied on Jan 4,2018 saying my status changed to H1B.

My Attorney advised me to refile my 24 month OPT before it ends ( current 12 month OPT ended on jan 15,2018) and asked to check with my DSO to raise a sevis request with them. DSO raised the service request and didnt get back to them.

At a worst case , assume if my new OPT extension also get denied (say by end of march) :

 1.       What would have been my status from Jan 16,2018 till March duration. Or on the other way , what will be my status after my 12 month OPT expiration end date till I get my OPT extension decision notice. If approved , I will in status but if it has been denied how will USCIS treat it ?   

 2.       Usually it takes 90 days for USCIS to judge a OPT case , how long can I work with my application pending with USCIS. If application is denied , whether I will terminated immediately and lose my status ?

 3.       If the OPT extension decision is not in favor for us , is it possible to do a COS from F1 to H1 without leaving country and without termination in work.

Really confused as on what status I am in now. Can you please advise whether this is a right decision and next steps to be done?

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  • 2 years later...

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