New H1B denied after RFE - Options


career12

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Posted

Hi,

I have done my MBA from XXX Univ and my cap gap extension of OPT ends on Sep 30.  My H1B petition was picked in lottery for FY 2018 and there was an RFE on specialty occupation. We replied to RFE and yesterday we got the denial notice. I am planning to go back to college. Is the 60day grace period applicable for me after the Sep 30th. If yes and if I take up a course which starts in Jan 2018, can I still live in US after the 60 day grace period until the start of my course? (In my case from Nov 30 2017 through Jan 2018)

Posted

The 60 day grace period starts from the H1 denial date, because the cap-gap is over at that point.

Real universities have application deadlines, and it is unlikely that you would get admitted to a university in 3 months (unless it is a shady university; going to one of these would likely kill your future in the US.)

 

Posted

Hi Career21,

If you don't mind, may I ask if they provided any rationale for denial? Because I am in the same boat, and my attorney would be responding to the same RFE pretty soon. Your reply would be helpful. Thanks in advance.

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