H1B Denied


madhusudhanms35

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Hi,

 

 I applied for H1 this year, got an RFE. Replied to RFE and then got Denied.

The Denial notice(sent on July 2,2013) shows '.... If you disagree with this decision, or if you have any additional evidence that shows this decision is incorrect, you may appeal this decision by filing completed form  I-290B. Notice of appeal or motion..' 

I'm on OPT extension till Dec'13.  Since I got Denial, Will my current OPT extension period will also end immediately?

If I go for appeal or motion, what are the chances of getting approved and what is the processing time?

If appeal is taking too long exceeding my OPT extension period, what should I do?

Please help me what are my options? 

 

 

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I'm on OPT extension till Dec'13.  Since I got Denial, Will my current OPT extension period will also end immediately?

If I go for appeal or motion, what are the chances of getting approved and what is the processing time?

You can work till your OPT exp day.

Without knowing the reason for denial its difficult to say whether your MTR will be approved or not.

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File an appeal if you think the reason for denial was not just.

Your H1B denial has no effect on your OPT, so you are good till Dec 2013

While your appeal is pending and if the processing time exceeds your OPT period, You can stay in the US but will no longer be on OPT and certainly no H1B, so you can stay but will not be able to work.

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  • 4 weeks later...

Hi all,

 

I also have same issue, denied after RFE, the reason was E-E relationship. I only had a vendor  letter as my clietn was not ready to give letter at that time. I'm going to explain my stiuation to them and ask for a letter. Can you tell me how long to expect MTR decision? My center is CA so is it going to take a long time? I heard Vermont is faster. Is there any hope for me for an approval?

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