OPT Denial !!!! What are the options for me now ?


Anil M

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Posted

Hi Sir/Madam,

Graduated in Dec 7th 2018. Applied for my OPT in September (14) 2018.  Got RFE in December 3rd 2018 , Submitted all the required documents by Jan 25th 2019. Received denial email on feb 25th 2019,  Did not receive the actual denied notice yet.  I want to know the options for me for me now.

 

Now my Questions are 

1. I want to know what is my graced period to stay in USA legally.

2. I called to SEVIS department and enquired about my Sevis id status, they informed me that SEVIS is closed due to OPT denial.

3. Am I legal to stay in USA. If I am legal to stay, how many days is the grace period for me now? 

4. I am thinking to take admission in another university to study again.

  If I take admission can Is my sevis will active again. without crossing border.

5. What is the process of reinciate my Sevis active after joining in new college without crossing the border?

6. Once I received the Opt denial reason can I reopen the case according to the reason for denial. In this process, am I legal to stay in the USA upto getting Approval or denial? 

7. Under what conditions will I have to leave the country?

 

8. My wife is on H1B. Is there any chance to apply H4(dependent) without leaving the country right now?

 

what will you suggest in my case?

 

 

Please give the response as soon as possible. waiting for reply

Thank You

Posted

 

"'If your I-765 is denied, the duration of your legal F-1 status reverts to being defined as the lasting through the I-20 end date plus 60 days grace period

If you are still within the grace period, you may stay in the U.S. for the remainder of the 60 days
If the grace period has already elapsed, you should depart the U.S. without delay

The chances for successfully appealing an I-765 denial are low. If you believe you were denied in error, contact an International Center advisor or private immigration attorney at once.""

Leave and return on the H4 visa. They are coming down very heavily on chain studying just to continue in the USA.

Posted

With a denial, suggest leaving the US asap. You cannot change status if you're not in status. Exit the US, and if you wish to return, apply for an appropriate visa at a US consulate overseas to join a US-based spouse. 

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