sunita123 Posted March 14, 2013 Report Share Posted March 14, 2013 I applied for my OPT on Oct 2012, I graduated on Dec 2012 then I received an RFE in Jan 2013 asking about additional documents I gathered all the additional documents requested and sent reply to USCIS for RFE on 28th Feb and on the 13th of March 2013 I got the status update as denial on my RFE and OPT. Now, I am clueless as to what went wrong and I would need to wait to get the denial letter by post to get to know about the reason for denial. also I have a job opportunity right now and my employer is ready to file for my H1 too. But we were waiting to get the result for OPT . Now After the rejection what are my options. Can I go ahead and apply for H1. or reapply for OPT (motion to reopen of OPT Decision) or do I need to leave US. What happened in your case I really need some help as I have my family dependent on me and I am in the biggest delima . Please share your contact number or email ID as your case is very similar . Anyone facing same experience will be able to guide me. Thank you in advance and appreciate your patience and help. My ID : sunita2891@gmail.com Link to comment
JoeF Posted March 14, 2013 Report Share Posted March 14, 2013 You have 60 days grace period. While an H1 can be filed during the grace period, you can not work until the H1 starts. If your family depends on you, I suggest you go back to your home country with your family and earn money there to support your family. Link to comment
t75 Posted March 14, 2013 Report Share Posted March 14, 2013 Your family problems are not the concern of the USCIS. A B2 will not cover your time to H1B. You need to start packing and plan to return for Oct 1 start. YOU cannot apply for H1B. If your potential employer wants to do so even with your delayed start, he can do so. Link to comment
rahul412 Posted March 14, 2013 Report Share Posted March 14, 2013 Thank you in advance and appreciate your patience and help. You have 60days time from the day of denial. Your employer can file H1 but your start date will be Oct 1st. Contact some good immigration attorney and find out why your OPT was rejected. If it is USCIS error then you will be safe. Link to comment
chtummala Posted March 16, 2013 Report Share Posted March 16, 2013 contact an attorney .. check with your DSO that you eligible for cap gap or not ( i am not sure about it ) .. Link to comment
chtummala Posted March 16, 2013 Report Share Posted March 16, 2013 technically you were on OPT status till march 13 .. and you are on grace period now .. i am hoping you should be eligible for cap gap .. Link to comment
JoeF Posted March 16, 2013 Report Share Posted March 16, 2013 technically you were on OPT status till march 13 .. and you are on grace period now .. i am hoping you should be eligible for cap gap .. Yes, but the OP can not work until Oct. 1. Supporting a family without income is rather hard... So, the only realistic option for the OP is to go back to his home country and get the H1 done from there. Link to comment
Guest Noah Lotte Posted March 16, 2013 Report Share Posted March 16, 2013 Sounds as if the OP 'graduated' from one of those diplomas for money institutions of 'higher learning' or else he/she would not be having these issues (if he/she attended a real, accredited university)...just guessing... Link to comment
chtummala Posted March 18, 2013 Report Share Posted March 18, 2013 Yes, but the OP can not work until Oct. 1. Supporting a family without income is rather hard... So, the only realistic option for the OP is to go back to his home country and get the H1 done from there. it is up to OP .. often times going back to home country would cost more than staying here .. and some social effects based on home country that some people does not want to face .. Link to comment
chtummala Posted March 18, 2013 Report Share Posted March 18, 2013 Sounds as if the OP 'graduated' from one of those diplomas for money institutions of 'higher learning' or else he/she would not be having these issues (if he/she attended a real, accredited university)...just guessing... hmm not true always .. there are lot other factors depends on OPT rejection .. reporting requirements , timing ..... Link to comment
Guest Noah Lotte Posted March 18, 2013 Report Share Posted March 18, 2013 and attending a diploma mill...the most common reason for OPT denial....or...not finishing one's required coursework, instead working at a friend's motel or gas station... Link to comment
JoeF Posted March 18, 2013 Report Share Posted March 18, 2013 it is up to OP .. often times going back to home country would cost more than staying here .. and some social effects based on home country that some people does not want to face .. Hmm, living in the US without income for 6 months... Unless the person has significant savings, that's not gonna work... Apartment, food, etc. is a lot of money. And then, the H1 is not a sure thing, either. So, if the H1 gets denied, the person still would have to pay for the flight ticket back home. So, I stand by my statement that realistically, going back to the home country and getting an H1 from there is the only option. Link to comment
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