| Author | Topic:
OPT Extension Denied - Late Submission [URGENT] |
virginiaguy Member |
posted
October 29, 2009 04:57 PM
  Hello All,
My OPT Expires on Oct 1st and i have applied for Extension on Sep 24th. My application was returned back to me on Oct 2nd as the employer id was not correct and i corrected it and sent it back on Oct 4th. Now my OPT has been denied stating that they received it post the expiry date, not considering the fact that i have posted it before.
What would be the best option for me right now as i have a job offer on hand ?? Posts:
4 | Registered: October 28, 2009 |
|
|
immigrant_rookie Member |
posted
November 01, 2009 06:06 PM
  As I understand it, you can apply for H1B within 60 days AFTER your OPT expires. You won't be able to work until your H1B is approved, but you will be consider in status. Posts:
2396 | Registered: October 27, 2009 |
|
virginiaguy Member |
posted
November 02, 2009 03:15 PM
  Will it work out if i Reopen the case? Posts:
4 | Registered: October 28, 2009 |
|
immigrant_rookie Member |
posted
November 03, 2009 01:27 PM
  [QUOTE]Originally posted by virginiaguy: Will it work out if i Reopen the case?[/QUOTE]
You could try to appeal it, but most likely you will run out of your status before any decision is made, and when you're out of status, it's pretty damn hard to do anything. My suggestion is get your company to file H1B asap, it must be within 60 days of OPT expiry. Remember, it will take 7 days for the LCA to approve before the employer can file I-129. I know it's hard. Hang on there! P.S: you still can file appeal or reopen the OPT case, but I have a feeling it's gonna take a long time to have any decision made on that. Posts:
2396 | Registered: October 27, 2009 |
|
virginiaguy Member |
posted
December 08, 2009 09:54 PM
  I have filed I-290B for a Motion to Reopen and Reconsider (MTR) my case and provided them with the necessary documentation (My submission on Sep 24). The application has been received and i was charged the amount of $585 for this.
Now am in legal status to stay? I believe when the case status is pending or review, it is legal to stay within the states. Or am in the 60 day Grace period?
Also when we file the EAD renewal before expiry, it automatically gets extended while the status is under review and we are eligible to work. Now that my EAD has expired and filed a MTR, am i still eligible to work ? Posts:
4 | Registered: October 28, 2009 |
|
mnkjaiho Member |
posted
December 09, 2009 11:32 PM
  Hi, my friend was in the exact same situation, however when he reopened the case he got his extension later. So, be cool and you should be getting your approval anytime now. However just in case if denied I would contact an Attorney now so that if anything goes wrong you can make some alternative plans.
But my strong feeling is you will get the extension. Take it easy. Posts:
13 | Registered: May 28, 2009 |
|
virginiaguy Member |
posted
December 15, 2009 11:27 AM
  Thanks Bro Posts:
4 | Registered: October 28, 2009 |
|
paul747 Member |
posted
January 10, 2010 04:42 PM
  Hi, virginiaguy can you update us if you got a reply from USCIS? and were you eligible to work after filing MTR? Posts:
2 | Registered: November 10, 2009 |
|
siddharthjain15 Member |
posted
January 30, 2010 07:51 PM 
  Hi can you please post any update to your reopening the case? Posts:
1 | Registered: January 30, 2010 |
|
sizzzlingstars Member |
posted
February 22, 2010 01:45 AM 
  virginia guy on this post please tell how and when you reopened the case Because my case is also somewhat similiar like but i am still waiting for the reply from uscis on opt extension Posts:
1 | Registered: January 21, 2010 |
|
joker123knight Member |
posted
June 08, 2010 11:10 PM
  i guess in cases where ur opt does not get extended, you can try getting admission into a cheap college. that way you can be in legal F1 status. Posts:
1 | Registered: March 04, 2009 |
|