H1B denied

[prakashr]

Hi

My H1b got denied.the status got updated on november 6th 2012.

OPT is expired on july 2012 and i am in cap gap now.

can somebody let me know the possible options that i have?

1.since i am out of status now with the H1b denial,can i join the school.

2.How soon should i join the school to maintain the status. as this is mid of the semester is it ok if i enroll for Jan 2013?

[rahul412]

Hi

My H1b got denied.the status got updated on november 6th 2012.

OPT is expired on july 2012 and i am in cap gap now.

can somebody let me know the possible options that i have?

1.since i am out of status now with the H1b denial,can i join the school.

2.How soon should i join the school to maintain the status. as this is mid of the semester is it ok if i enroll for Jan 2013?

None of the above. Dude, you are already out of status and you can't get admission into any school within one day.

You can't use F1 to stay in status.

[prakashr]

Could you please let me know what other options do I Have.

Can I apply for admission and and go to mexico to get the stamping done ?

[kiran234]

First.... Please check with your DSO at University about your I 20 status.

Currently you are in 60 day F1 Grace period (Provided H1B denial is not due to your status violations and its only due to your employer)

Consult with immigration attorney and check your options that were best applicable to your case.. like filling MTR or (and) apply for B2

Is a student who becomes eligible for an automatic extension of status and employment authorization, but whose H-1B petition is subsequently rejected, denied or revoked, still allowed the 60-day grace period?

If USCIS denies, rejects, or revokes an H-1B petition filed on behalf of an F-1 student covered by the automatic cap gap extension, the student will have the standard 60-day grace period (from notification of the denial, rejection, or revocation of the petition) before he or she is required to depart the United States..

For denied cases, it should be noted that the 60-day grace period does not apply to an F-1 student whose accompanying change of status request is denied due to discovery of a status violation. Such a student in any event is not eligible for the automatic cap gap extension. Similarly, the 60-day grace period and automatic cap gap extension would not apply to the case of a student whose petition was revoked based on a finding of fraud or misrepresentation discovered following approval. In both of these instances, the student would be required to leave the United States immediately.

[rahul412]

Can I apply for admission and and go to mexico to get the stamping done ?

I have already said you can't get admission into a school within one day, now you are already out of status.

Consult an attorney ASAP.

[t75]

Admissions for Spring term at legitimate schools closed long ago. An F1 is NOT for living in the US because you didn't qualify for H1B

[JoeF]

Could you please let me know what other options do I Have.

There are none.

Can I apply for admission and and go to mexico to get the stamping done ?

Admission to a university takes several months.

And you would most likely not get an F1 stamp in Mexico, due to you being out of status for so long.