H1 Rejected Out of OPT

[maverickman]

My employer filed for an H1 application in October at the California Service Center through the general processing stream. I received an RFE from the center for which a response was provided on the 4th of November. I was told this evening when my employer contacted the service center that my application was denied ie H1 was rejected. I am currently working in a very healthy project with a company and I would be extended going forward for another 2 years. The trouble for me is that my OPT comes to end on the 4th of January. What are the options that I have at this juncture. I was told I could apply for a F1 and hop back into CPT to continue working. Would this require me to take a break from work? Do I have any other options going forward? Any suggestions would be appreciated. Thanks in advance.

[sdrblr]

As far as I know many schools will not let you use CPT before you complete 2 semesters. If your OPT expires on 1/4 and you do not have H1, you cannot legally work.

When does your I-94 expire? you have until that date to legally stay here

[roseball]

Originally Posted by maverickman

My employer filed for an H1 application in October at the California Service Center through the general processing stream. I received an RFE from the center for which a response was provided on the 4th of November. I was told this evening when my employer contacted the service center that my application was denied ie H1 was rejected. I am currently working in a very healthy project with a company and I would be extended going forward for another 2 years. The trouble for me is that my OPT comes to end on the 4th of January. What are the options that I have at this juncture. I was told I could apply for a F1 and hop back into CPT to continue working. Would this require me to take a break from work? Do I have any other options going forward? Any suggestions would be appreciated. Thanks in advance.

Do you know the reason for H1 denial. If it was because of the employer, then you can try and find another employer who could file for your H1 as the quota is still open. One more option is to find an e-Verify compliant employer and get your OPT extended. If none of these options work, then I am afraid your F1 status will expire on the day your OPT expires. You will need to apply for an alternate Visa status to be present in the country legally.

[glus]

hello,
One of the options you have is to re-apply for H-1B again, using premium processing and re-apply before your OPT is expired. If you do not receive approval before your OPT expires, you need to stop working until H-1 is approved and Change of Status is granted. One can't work once an INITIAL H-1B petition is filed, and one can start working on the Initial H-1B only after it is approved, if change of status was applied for and approved as well. Other than that, I don't see an option to remain in the US and work legally beyond your OPT. You need to figure out why they denied your H-1B, but that can take too long and you may loose your status. If you can talk the employer to re-apply while H-1B numbers are still available, under Premium Processing, you could probably get an approval just in time if all goes well.

Hope this info helps.

Best Wishes,