H1B Denied and Opt is about to expire options please!!!

[sandy243]

I had got my H1B denied and my OPT is about to expire on dec 22nd 2012. My employer is filing Motion to reopen.

• Am I eligible for cap gap until I get some decision on this Motion to reopen.
  
• Will I have 60day grace period after my OPT expires.
  
• Summer semester starts from April, If i have 60day grace period am i eligible for cap gap from feb 21st to april, so that i can enroll into college for summer semester.
  

[rahul412]

I had got my H1B denied and my OPT is about to expire on dec 22nd 2012. My employer is filing Motion to reopen.

• Am I eligible for cap gap until I get some decision on this Motion to reopen.
  
• Will I have 60day grace period after my OPT expires.
  
• Summer semester starts from April, If i have 60day grace period am i eligible for cap gap from feb 21st to april, so that i can enroll into college for summer semester.
  

What was the reason for denial?

Bcos, my guess is that your employer is simply buying time with MTR. USCIS generally doesn't reject a petition without valid reason.

[chtummala]

I had got my H1B denied and my OPT is about to expire on dec 22nd 2012. My employer is filing Motion to reopen.

• Am I eligible for cap gap until I get some decision on this Motion to reopen.
  

No cap gap in your case

• Will I have 60day grace period after my OPT expires.
  
• Yes
  
• Summer semester starts from April, If i have 60day grace period am i eligible for cap gap from feb 21st to april, so that i can enroll into college for summer semester.
  

You can enroll for summer if you meet the dead line for admissions .. but you need to travel out of USA and come back when your semester starts .. i dont know why you want to enroll into school .. do you want to study .. if you want a temporary visa for stay check about b1 visa ..

[sandy243]

@Rahul412

Thank you for your response.

First time when I filed for H1b in may 2012 i got RFE and before responding to the RFE my project finished at that client. So, my employer filed amendment with the new client. USCIS denied the first petition stating that no response received for RFE within the time. Since there is no base for this amendment USCIS denied this petition also

[rahul412]

@Rahul412

Thank you for your response.

First time when I filed for H1b in may 2012 i got RFE and before responding to the RFE my project finished at that client. So, my employer filed amendment with the new client. USCIS denied the first petition stating that no response received for RFE within the time. Since there is no base for this amendment USCIS denied this petition also

So what's the use of filing MTR now??

Simply wasting time and money, its better if you start looking for FTE.

[sandy243]

Hi all,

My case got approved after filing motion to reopen. It took exactly 2months after filing MTR.

Thanks