Ram Harish Posted October 30, 2013 Report Posted October 30, 2013 Here is the situation. My cousin completed his Master's in US on F-1 visa, and also completed OPT (full 29 months). He applied for H1-B visa in April 2013. His F1 visa expired in June 2013 but he had his OPT CAP GAP until Sep 30th so he continued working. He has I-94 that says D/S. Today, unfortunately, his H1-B is rejected. So now.. 1. How long does he have the grace period? Is it 60 days from the date of H1-B rejection(i.e 60 days from today)? Or since his I-94 says D/S, does it mean that his i-94 expired now? If yes does he still have 60 days grace period? If no, then how long is his grace period? 2. He wants to do MBA in US. If he applies for Jan 2014 semester and gets an I-20 before his grace period expires, then can he apply for reinstatement? If yes, then after applying for reinstatement can he stay in US until he knows the result of his reinstatement or is it mandatory for him to leave the country and wait for his reinstatement result? Please help me with accurate information. Thanks :)
JoeF Posted October 30, 2013 Report Posted October 30, 2013 So, is he going to return to his home country when he has finished the MBA? Because that's a requirement for an F1. Why would USCIS believe that he would return to his home country when he only decides to go for an MBA because his H1 was denied?
jairichi Posted October 30, 2013 Report Posted October 30, 2013 Here is the situation. My cousin completed his Master's in US on F-1 visa, and also completed OPT (full 29 months). He applied for H1-B visa in April 2013. His F1 visa expired in June 2013 but he had his OPT CAP GAP until Sep 30th so he continued working. He has I-94 that says D/S. Today, unfortunately, his H1-B is rejected. So now.. 1. How long does he have the grace period? Is it 60 days from the date of H1-B rejection(i.e 60 days from today)? Or since his I-94 says D/S, does it mean that his i-94 expired now? If yes does he still have 60 days grace period? If no, then how long is his grace period? 2. He wants to do MBA in US. If he applies for Jan 2014 semester and gets an I-20 before his grace period expires, then can he apply for reinstatement? If yes, then after applying for reinstatement can he stay in US until he knows the result of his reinstatement or is it mandatory for him to leave the country and wait for his reinstatement result? Please help me with accurate information. Thanks :) 1. 60 days from the date of denial of H1B petition. 2. Admission deadlines are long over for Jan 2014 at universities.
rahul412 Posted October 30, 2013 Report Posted October 30, 2013 1. How long does he have the grace period? Is it 60 days from the date of H1-B rejection(i.e 60 days from today)? Or since his I-94 says D/S, does it mean that his i-94 expired now? If yes does he still have 60 days grace period? If no, then how long is his grace period? 2. He wants to do MBA in US. If he applies for Jan 2014 semester and gets an I-20 before his grace period expires, then can he apply for reinstatement? If yes, then after applying for reinstatement can he stay in US until he knows the result of his reinstatement or is it mandatory for him to leave the country and wait for his reinstatement result? 1. 60 days from day of rejection 2. F1 after H1 is not easy. Better consult an attorney, VO may ask why F1 after H1 rejection?? BTW what's the reason for H1 rejection?
ravula92 Posted October 30, 2013 Report Posted October 30, 2013 Here is the situation. My cousin completed his Master's in US on F-1 visa, and also completed OPT (full 29 months). He applied for H1-B visa in April 2013. His F1 visa expired in June 2013 but he had his OPT CAP GAP until Sep 30th so he continued working. He has I-94 that says D/S. Today, unfortunately, his H1-B is rejected. So now.. 1. How long does he have the grace period? Is it 60 days from the date of H1-B rejection(i.e 60 days from today)? Or since his I-94 says D/S, does it mean that his i-94 expired now? If yes does he still have 60 days grace period? If no, then how long is his grace period? 2. He wants to do MBA in US. If he applies for Jan 2014 semester and gets an I-20 before his grace period expires, then can he apply for reinstatement? If yes, then after applying for reinstatement can he stay in US until he knows the result of his reinstatement or is it mandatory for him to leave the country and wait for his reinstatement result? Please help me with accurate information. Thanks :) @R-H I'm also in same situation. send your contact info to ****************@gmail.com ... we can discuss the same
Ram Harish Posted October 30, 2013 Author Report Posted October 30, 2013 So, is he going to return to his home country when he has finished the MBA? Because that's a requirement for an F1. Why would USCIS believe that he would return to his home country when he only decides to go for an MBA because his H1 was denied? "Why would USCIS believe that he would return to his home country when he only decides to go for an MBA because his H1 was denied?" He was already preparing for his MBA even before he got an RFE. The proof is his GMAT exam, which he took couple of months before the date on which he got an RFE. Can he mention the same and do you think he can convince the VO about this? Also can he apply for reinstatement without leaving this country?
JoeF Posted October 30, 2013 Report Posted October 30, 2013 "Why would USCIS believe that he would return to his home country when he only decides to go for an MBA because his H1 was denied?" He was already preparing for his MBA even before he got an RFE. The proof is his GMAT exam, which he took couple of months before the date on which he got an RFE. Can he mention the same and do you think he can convince the VO about this? Also can he apply for reinstatement without leaving this country? So, why did he go for an H1, then?
Ram Harish Posted October 30, 2013 Author Report Posted October 30, 2013 So, why did he go for an H1, then? For some personal reasons his plan initially was to go for executive MBA while working, and now he changed his mind and planning to do full-time MBA. So now can he apply for reinstatement and stay in US?
rahul412 Posted October 30, 2013 Report Posted October 30, 2013 "Why would USCIS believe that he would return to his home country when he only decides to go for an MBA because his H1 was denied?" He was already preparing for his MBA even before he got an RFE. The proof is his GMAT exam, which he took couple of months before the date on which he got an RFE. Can he mention the same and do you think he can convince the VO about this? Also can he apply for reinstatement without leaving this country? then why H1?? You messed up the process unnecessarily. H1 to F1, and after H1 rejection. That's a deadly combination dude...!!!!
JoeF Posted October 31, 2013 Report Posted October 31, 2013 For some personal reasons his plan initially was to go for executive MBA while working, and now he changed his mind and planning to do full-time MBA. So now can he apply for reinstatement and stay in US? You mean his mind was changed for him because of the H1 denial... Obviously, he doesn't want to go back home to his home country, which will make it very hard to get an F1.
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