Immigration Voice - Forums
Register Get Involved Contact Lawmakers Contact Media Inform Friends Bookmark and Share

Go Back   Immigration Voice > Non Immigrant Visas : H1, L1, H4, L2, F1 etc > Out of status, employment gap and status revalidation
Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

advertisement
 

Donation Goal
Goal amount for this month: 10000 USD, Received: 0 USD (0%)
Donate Now
Please contribute to Immigration Voice.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 12-17-2009, 10:05 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Dec 2009
Posts: 1
maverickman is on a distinguished road
Default H1 Rejected Out of OPT

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.
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 12-17-2009, 11:31 PM
Senior Member
Priority Date
:
May-04
Category
:
EB2
I140 Mailed Date
:
05/02/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/18/2007
Compare
Join Date: May 2008
Posts: 226
sdrblr has a brilliant future sdrblr has a brilliant future sdrblr has a brilliant future sdrblr has a brilliant future sdrblr has a brilliant future sdrblr has a brilliant future sdrblr has a brilliant future sdrblr has a brilliant future sdrblr has a brilliant future sdrblr has a brilliant future sdrblr has a brilliant future
Default

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
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 12-18-2009, 08:06 AM
Donor
Priority Date
:
Nov-03
Category
:
EB3
I140 Mailed Date
:
03/03/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Sep 2006
Posts: 697
roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute roseball has a reputation beyond repute
Default

Quote:
Originally Posted by maverickman View Post
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.
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 12-18-2009, 09:02 AM
Senior Member
Priority Date
:
Dec-05
Category
:
EB3
I140 Mailed Date
:
12/05/2006
Chargeability
:
Poland
Processing Stage
:
I-485
I485 Mailed Date
:
06/31/2007
Compare
Join Date: Jan 2006
Posts: 642
glus has a reputation beyond repute glus has a reputation beyond repute glus has a reputation beyond repute glus has a reputation beyond repute glus has a reputation beyond repute glus has a reputation beyond repute glus has a reputation beyond repute glus has a reputation beyond repute glus has a reputation beyond repute glus has a reputation beyond repute glus has a reputation beyond repute
Default

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,
__________________
Glus

The above is my opinion.
I am not an attorney and this is not a legal advise. Seek a legal advise from a qualified attorney.
Attended 9/18 rally
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks

Tags
cpt , h1b , opt , rejected

advertisement
 

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
H1b rejected h1bholder Non-Immigrant Visa 6 11-05-2009 08:36 PM
AP Rejected spdy_mn Travel out of country and re-entry during/after 485 filing 3 07-23-2009 01:32 PM
Please Help - I-140 Rejected garybanz All other Green Card Issues 7 02-25-2009 05:34 PM
COS from L1B to H1B will be rejected ? gandalf_gray Non-Immigrant Visas 6 06-09-2008 02:10 PM
I-485 Rejected irit All other Green Card Issues 13 07-28-2007 12:17 PM


advertisement

All times are GMT -5. The time now is 12:30 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2010, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org