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Hi, My one year Opt period ended on June 15th 2016. I applied for the 17 month OPT extension on March 29, 2016 and USCIS received my application on April 1st 2016. Unfortunately I received a denial letter on AUG 30,2016 stating that i did not respond to the RFE.(Which i never received , assuming misplaced package delivery) . Its been almost 90 days my opt expired. Please explain my current situation in USA. Also my H1 B application was selected in the lottery and an RFE was received asking client letter. My employer responded to the RFE without client letter (As my project ended in June). It was a premium process and the RFE was received to USCIS on Sept 1 2016. A result on my H1 B application is made by Sept 15, 2016. However I didnot apply for a Cap gap I20. So now based on all the scenarios what will be my status if H1-B is denied? How can I reopen my OPT extension denial case? Please advise.
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If h1b is denied definitely u don't have a h1 status. As ur opt is already denied u lost ur opt status. I think the Only left out option is to file MTR. check with ur DSO.Comment
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Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/po...50023671681664 7th Sept - Please review comments from other usersComment
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Since your initial OPT has ended, you are effectively out of status. You can file for a MTR for your OPT and change your H1B to consular processing. Go back to your home country and come back after your H1B initiates.Comment
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You will be on cap gap automatically once your opt is expired. Please check your status of h1b since it's a premium process the status might change soonComment
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your h1 will get denial as you did not submit client letter .you can open a MTR but it will take 3to 7 months to get the decision .try applying cpt day 1 univ go for reinstatement and apply h1 next year againComment
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You’re still in Cap Gap by virtue of the pending H-1B application. The Cap Gap I-20 is just evidence of your status, but your status was automatically extended.Originally posted by Nalan View Post
You will need to file a Form I-290B Motion to Reopen the I-765 (the instructions are in the denial letter). You will need to submit an affidavit stating you never received the RFE from USCIS and that your current employer is ready and willing to give you the Form I-983 (the most likely reason USCIS sent you the RFE). If you need help, see an attorney immediately.Comment
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