If OPT is denied - how many days can one stay in the U.S


sushil76

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Hi experts,

 

Question 1:

 

My wife has applied for her OPT and it has already been 2 months since we applied for the same. We haven't heard back from USCIS yet, but my wife had done her OPT nearly 9 years back when she completed her first Masters degree.

 

We therefore don't have much hope that her OPT will be approved this time.

 

If the OPT is denied, within how many days will my wife have to leave the country or how many days can she stay here in the U.S?

 

We would highly appreciate any guidance on the same.

 

Thank you.

 

 

Question 2:

 

Also is there any other way that my wife can stay here in the U.S, except for being on a visitor's visa. I already have a green card and she is on F1 and has completed her schooling - as mentioned she is waiting for her OPT decision.

 

If I file for her green card, will she still require a B1 visa? How long can she stay in that case and typically what is time frame in which she can get her green card? Or will it be better to file her Green card once I get my citizenship - I am expecting to get my citizenship within 15 - 16 months.

 

Thank you.

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  • 2 weeks later...

But does anyone know how many days can someone stay in the U.S after receiving a denial notice for OPT. Yes there is a 60 day timeframe after finishing studies, but in our case my wife had to stay back because we didn't hear from USCIS in 60 days. The denial notice came after 80 days. How many more days she has to leave the country after the denial notice comes in.

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