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zale

Grad Nov 2012, OPT denied June 2013,MTR for OPT pending, H1B approved this week, need to go out of US for stamping, will i have problems at consular?

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graduated in Nov 2012, OPT denied on June 2013, filed for MTR on July 2013. I understand I am out of status but while my MTR is pending I am still in a status authorized by the attorney general.


However, since my MTR is still pending, if I leave now to get my H1B stamping, will I have problems at consular? Since graduation I have been in the country for 300 days. But since my OPT denial only 120 days (brecause I am waiting and filing for MTR) When I leave before my MTR is answered (which I feel like is NEVER gonna happen), will they count my unlawful presence since OPT denial or my graduation date???


Or do I just explain at the consulate that I was waiting for an MTR to be resolved? Bring all the paperwork and explain it at the visa interview?


But I've been out of status since i graduated in Nov 2012, since denial of my OPT wasn't until June 2013!! Then i filed for MTR--Will I have a problem at consulate for stamping?


 

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MTR doesn't give you any status.

I know that, I said that I am in a status that is authorized by attorney general. So I am allowed to stay while waiting for an answer but under no circumstances am I in a student status or anything like that.

 

My question is, when I leave the states my motion will be abandon am I in unlawful presence since my OPT denial or since my graduation? I believe I have 180 days before triggering a ban. Since my graduation its been 300+ days since my OPT denial its only been 120 days.

 

Also I've been asking attorneys and the two I spoke to are 'looking into it' after the consultation. i am on a third attorney call again today (a murthy one now). Any other attorneys that can handle these type of questions anyone can suggest?? I just don't wanna leave and abandon my pending MTR only to be surprised at consulate back home rejecting my visa based on this whole mishap.

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I know that, I said that I am in a status that is authorized by attorney general. So I am allowed to stay while waiting for an answer but under no circumstances am I in a student status or anything like that.

 

My question is, when I leave the states my motion will be abandon am I in unlawful presence since my OPT denial or since my graduation? I believe I have 180 days before triggering a ban. Since my graduation its been 300+ days since my OPT denial its only been 120 days.

 

Also I've been asking attorneys and the two I spoke to are 'looking into it' after the consultation. i am on a third attorney call again today (a murthy one now). Any other attorneys that can handle these type of questions anyone can suggest?? I just don't wanna leave and abandon my pending MTR only to be surprised at consulate back home rejecting my visa based on this whole mishap.

Hi bro, Hope that all went good on your side. I am same in your situation. I wasted 2 months by now. Please guide me if u can.

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I know that, I said that I am in a status that is authorized by attorney general. So I am allowed to stay while waiting for an answer but under no circumstances am I in a student status or anything like that.

I missed this, but you are NOT in any authorized status.

You are not allowed to stay while the MTR is pending.

An MTR does not give the person any way to stay in the US.

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