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H1-B Denied for unknow reasons

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  • H1-B Denied for unknow reasons

    [COLOR=#141823][FONT=Helvetica Neue]I have been denied H1B,inspite of being selected in the lottery due to causes yet unknown to me.My case has several complications and I would be indebted to have some guidance with regards to possible recourse from here on.My student advisor advised me that I did not need to apply for 17 month OPT extension for two reasons.The first reason is that I was told by my advisor that my OPT has already been extended till September but I later found out that it was only a cap gap extension. Moreover, she took my selection of H1b in lottery as approval. She also mentioned that if required, she would give me an extension for seventeen months post September 2014.But now my advisor says, on denial of my H1 B that my OPT card has expired and I cannot re apply.This in spite of me previously sounding her out that the card was closing to expiration. She confidently assured me that OPT card expiration does not matter for 17 months extensions and renewal of I-20 was enough and that extension can be given before I-20 expires.In such cases, where students are misled by advisors, is there any recourse available for the international students? The college has admitted to the error on the record. Kindly guide me.USCSIS refuses to make any exceptions, despite the school accepting their mistake. I am on 60 days grace period ending soon.








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  • #2
    Man that just sucks. You are too unlucky. I am really sorry to hear that. Since you already have a job, why don't you apply to some school which will let you work on CPT ? Apply soon and get admitted to school starting this January.

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    • #3
      1. You should have applied for OPT extension as your H1 application was still in review by the time your initial OPT period is coming to an end.
      2. Join a school and get CPT, this is the only option I could advise.

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      • #4
        You can still apply for extension since you are in grace period. That should be your first step. Just in case if you do not get your OPT card within grace period you can ask you international advisor to issue extended I-20 ,which will not allow you to work but you can buy some time till you get your OPT card and do not have leave to U.S. I think that's what your advisor meant when he/she told you about renewal of your f I-20. Pleas talk to your primary employer about your situation.In most case they will understand. All the best!

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        • #5
          to be able to help you properly.. you need to provide more specific information. When did your initial 12 month OPT expire ??? Why did your h1b get denied ?? When your h1b was picked for lottery, you were placed on a cap gap extension, this means a temporary work authorization of 180 days subject to approval of h1b. If your h1b is denied that means this cap gap is automatically revoked, so you will have 60 days of grace period starting from when your OPT expired. You should have received a decision on why the h1b was denied, if you feel it was wrongly denied, you can either Appeal against this decision or file a Motion To Reopen or Reconsider (MTR) against the decision. If you feel its worth it, consult an immigration attorney (check here www.avvo.com) and look at your options, this whole process might end up costing you over 3k, so keep that in mind as well. Also remember, anything you do (apply for motion, change of status, transfer to a school) you need to do before your 60 day grace period runs out, else you start accumulating illegal presence and will adversely affect any future visa applications. It sucks that your advisor was so stupid but yea this is what you gotta do now

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          • #6
            1 no but u can sue university . it wont give any Immigration benefit ..and chance of u getting money is doubtful .. Means mostly u should find alternative way ..
            2 they are not responsible they gave all guidelines u should have googled it before u trusted u r dso ..

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            • #7
              nope u can not apply opt .. u have to apply before u r opt expiry ..

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