jhataru Posted December 30, 2015 Report Share Posted December 30, 2015 Hi, My H1B visa got denied today (29th Dec). My OPT extension has already expired on 17th Nov. So, I am currently out of status. Following are the questions that I have: 1. Can I stay in US if I appeal against the decision and for how long? 2. If I apply for a new university, will I have to go back to India and then come again? 3. If I decide to go back to India for the time being, how long can I stay here? Link to comment
jairichi Posted December 30, 2015 Report Share Posted December 30, 2015 1. You are not out of status but illegally present in US from 30th Dec 2015. An employer can file a MTR but you have no right to stay in US based on that. 2. University admissions are over. Even if you get admission you need to exit US and go for F1 visa stamping. 3. As long as you wish provided it is your home country. Link to comment
rahul412 Posted December 30, 2015 Report Share Posted December 30, 2015 1. Can I stay in US if I appeal against the decision and for how long? 2. If I apply for a new university, will I have to go back to India and then come again? 3. If I decide to go back to India for the time being, how long can I stay here? 1.No you cannot stay 2.You cannot admission from any university within couple of days and more over you are out of status. 3. Zero days. Link to comment
jairichi Posted December 30, 2015 Report Share Posted December 30, 2015 Apologies for my response 3. You can stay for zero days. Link to comment
pontevecchio Posted December 30, 2015 Report Share Posted December 30, 2015 Why do you not have the 60 day grace period after F1 status ends?. You are allowed to stay till January,17.2016. Everything else Jairichi and rahul said are relevant. Link to comment
rahul412 Posted December 30, 2015 Report Share Posted December 30, 2015 I forgot about the F1 60 days grace period. Yes you have 60days time to move to another status. Link to comment
jairichi Posted December 31, 2015 Report Share Posted December 31, 2015 Why do you not have the 60 day grace period after F1 status ends?. You are allowed to stay till January,17.2016. Everything else Jairichi and rahul said are relevant.That is right. I missed the grace period. Apologies again. Link to comment
jhataru Posted December 31, 2015 Author Report Share Posted December 31, 2015 I forgot about the F1 60 days grace period. Yes you have 60days time to move to another status. Thanks Everyone. That's what I was wondering because my grace period should be till 17th Jan since my OPT expired on 17th Nov. Right? Link to comment
rahul412 Posted December 31, 2015 Report Share Posted December 31, 2015 Thanks Everyone. That's what I was wondering because my grace period should be till 17th Jan since my OPT expired on 17th Nov. Right? Yes, 60days from the day your OPT expired. Link to comment
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