F-1 OPT and H1B Cap Issues and Questions


Attorney_22

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This week, Murthy Law Firm attorneys will answer questions regarding F-1 OPT and H1B cap filings.

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

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Hi,

I would like to highlight few things before jump to the main issue. My H1-B was denied on December last week, so I planned to join university and got admission for march intake. I transferred my SEVIS record 2 weeks ago to the new university. Today, I was told by my new university that when they look at my I-20 in their SEVIS database they said it was transferred to them in completed status from my previous university. They wanted to know why my record was completed? I asked this question from my previous university DSO she said "SEVIS record was automatically completed by SEVIS in November 2017. I think it must have had something to do with applying for an H1-B because later it says change of status denied – and still showing your record was completed."

My question is having said that SEVIS record was completed automatically by SEVIS. Would my DSO will be able to re-open that same SEVIS record again? If not would I be able to get new SEVIS ID , get new i-20 and stay in USA? Or do I need to get new SEVIS ID and depart USA and re-enter with new SEVIS and i-94 admission? I have to mention here my Student visa is already expired last year in August, so it would be a daunting task to obtain the visa again since I already completed 1 masters degree in the states.

I really need suggestion in my case how to proceed further. I am really confuse and tense at the same moment. Any help or suggestions will be highly appreciated. 

Thanks,

Ammad

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On 2/3/2018 at 0:47 AM, Ammad18 said:

Hi,

I would like to highlight few things before jump to the main issue. My H1-B was denied on December last week, so I planned to join university and got admission for march intake. I transferred my SEVIS record 2 weeks ago to the new university. Today, I was told by my new university that when they look at my I-20 in their SEVIS database they said it was transferred to them in completed status from my previous university. They wanted to know why my record was completed? I asked this question from my previous university DSO she said "SEVIS record was automatically completed by SEVIS in November 2017. I think it must have had something to do with applying for an H1-B because later it says change of status denied – and still showing your record was completed."

My question is having said that SEVIS record was completed automatically by SEVIS. Would my DSO will be able to re-open that same SEVIS record again? If not would I be able to get new SEVIS ID , get new i-20 and stay in USA? Or do I need to get new SEVIS ID and depart USA and re-enter with new SEVIS and i-94 admission? I have to mention here my Student visa is already expired last year in August, so it would be a daunting task to obtain the visa again since I already completed 1 masters degree in the states.

I really need suggestion in my case how to proceed further. I am really confuse and tense at the same moment. Any help or suggestions will be highly appreciated. 

Thanks,

Ammad

Hi Ammad, you have a complicated situation that this medium is not well suited to address. Therefore, it is highly advisable to call our office and schedule a time to speak with one of our attorneys well versed with student issues. They will be able to advise you regarding your options. 

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