OPT/EAD denied..Have an employer to sponsor H1B..How do I get out of this situation??

[makwana79]

What is the name of your state? TX

I recently graduated in May, and filed for my OPT on May 19th ... The international office took its own sweet in sending the information to INS ..resulting in rejection of my OPT..my notice date was june 14th...I got this notice of reject on Aug 11th.... The international office is taking full responsibility of its ignorance...But I m stuck in a situation where I have an employer who is ready to sponsor H1B...But because I m done with my grace period of 60 days from my graduation ie 5/31 to 7/31..my company attorneys are not sure what can be done....

Please advice me on how to deal with this issue...

Please help...Because of someone else's mistake I m being penalized..How do I get out of this mess and get my Visa H1B sponsored..in my case..

Mehul

 

[ImmigAttyLana]

What was the reasons for the OPT EAD rejection? You can still file for the H-1B and the only thing is that you'll have to go out of the US to consular process for this visa once it is approved.

 

[makwana79]

Lana - SOS ~ Mehul.

Hi lana,

The notice reads:

Uopn condieration, it is ordered that your application for the employment authorization (I765) filed pursuant to title 8 CFR part 274a.12(c)(3)(i), be denied for the following reason:

The CFR's, 8 CFR214.2(f)(10)(ii)(3), states that..."OPT must be requested prior to completion of all course requirments." SEVIS records indicate that you completed course requirements on 5/14/2004 with OPT requested ti begin on 7/15/2004. Your application was postmarked after the course completion date and was recieved on 6/14/2004. The application is therfore invalid and must be denied.

--- As I mentioned the school took its own time to send the application ... Pls tell me how do I stay here legally and How do I get my H1B approved..Mind you my employer is ready to file my papers ASAP for me..But needs legal guidance...Send help..

Thxz Lana in advance and for this,
Mehul

 

[makwana79]

Advice needed..

What is the name of your state? TX

I recently graduated in May, and filed for my OPT on May 19th ... The international office took its own sweet in sending the information to INS ..resulting in rejection of my OPT..my notice date was june 14th...I got this notice of reject on Aug 11th.... The international office is taking full responsibility of its ignorance...But I m stuck in a situation where I have an employer who is ready to sponsor H1B...But because I m done with my grace period of 60 days from my graduation ie 5/31 to 7/31..my company attorneys are not sure what can be done....

Please advice me on how to deal with this issue...

The notice reads:

Uopn condieration, it is ordered that your application for the employment authorization (I765) filed pursuant to title 8 CFR part 274a.12(c)(3)(i), be denied for the following reason:

The CFR's, 8 CFR214.2(f)(10)(ii)(3), states that..."OPT must be requested prior to completion of all course requirments." SEVIS records indicate that you completed course requirements on 5/14/2004 with OPT requested ti begin on 7/15/2004. Your application was postmarked after the course completion date and was recieved on 6/14/2004. The application is therfore invalid and must be denied.

Now my case is being reviwed by my company's attorneys

1. They are not sure should they apply for H1 thru premium processing.
2. Not sure if my case will be approved for H1 after eating so much of time. (because till date they are still going thru my case).
3. Not sure if I have to leave the US now / wait for my papers to comeback and then leave.

I need some solid advice on this...Please reply to my questions whether my H1 will be approved or not?
- Is it advisable to wait for my paper work to go thru and wait for an decision?
- I have a letter from university stating it was because of their mistake my OPT was denied, will this letter help me in anyways??

Please send me an insight of my case, I dont want my career to get ruined..

Mehul

 

[ImmigAttyLana]

The H-1B may be approved but most likely not as a change of status but for consular processing. The issue will be that you've now overstayed your grace period and this may be an issue at the time of the consular processing for the H-1B. IT is best to file the H-1B right away under the Premium Processing, because the H-1B cap is fast approaching and have all the necessary paperwork with you, including the letter from the university for the consular interview if and when the h-1B is approved.

Please let me know if you have any additional questions or need further assistance with this matter.

 

[makwana79]

Hi lana,

Just a another quick question here, I have filed for my H1 thru premium preocessing and also hvae the requried documents. But since I hvae overstayed here for almost 23 days ie my grace period of OPT got over on July 31 (I20 expired on May 31 + 60 days = July 31).

Will this overstay be any problem when I got for consular stamping. Thought I hvae a letter from the university stating all the necessary details, I cant help thinking about it.

I have my tickets ready to leave states as soon as I get my H1 papers. Whats ur suggestion on this?

Thanks for all the time you took on my case.

Mehul Makwana R.

 

[ImmigAttyLana]

When did the H-1B get filed? And why did you remain in the US once you got the denial of the OPT rather than just go to your home country to await the approval of the H-1B?

 

[makwana79]

Hi Lana,

I had filed for my H1 on aug 25th, my company attorneys have requested INS to issue the new I94 here and some concept of 180 days illegal period wehre in you can leave and come back in with change of status, if I dont get I94 here.

Secondly I m want to wait for what decision INS makes and take action accordingly.

I'll be leaving states if my visa requires me to get stamping, hence I m waiting. So heres my question back to you lana, will this over stay be of any problem while stamping? and how long does it take for INS in premium processing to make this decision ie., it was filied on Aug 25th.

Some trivial info again to you the notice of decision on my OPT was made on July 23rd and I recieved there letter on Aug 11th, so I had already put 11 days over me, and to get the paperwork done it took me a week, and attorney took another week with my papers, so here I am with overstay period till date. And let me tell you this is totally unintensional.

Mehul

 

[ImmigAttyLana]

The premium processing should take 15 calendar days for the decision to be issued. I understand that this is unintentional on your part, but the USCIS does not really care about these things.

As long as you have not overstayed by more than 180 days, it should not impact on your ability to obtain a visa if and when the H-1b petition is approved.

 

[makwana79]

Hi Attorney Lana,

I got my H1B approved from vermont centre and they have also send me the I94 number along with it. Its stated as below

> > > The Vermont Service Center has approved the following
> > > I-129 Petition for Nonimmigrant Worker
> > > that had been filed under the Premium Processing Service:
> > >
> > >
> > > Receipt Number: EAC0424353478
> > > Petitioner: XXX INC
> > >
> > > Beneficiary: MXXX MXXXXX
> > > DOB: xx/xx/xx
> > > Classification: H1B
> > > Starting Validity Date: 10/01/04
> > > Ending Validity Date: 09/30/07
> > > Consulate notified (if applicable): CHENNAI
> > > I-94 # (if applicable): 211xxxxxxxx


I have wantedly marked out some details. I was wondering do I still need to leave the country for my stamping, or stay here till oct 1 and continue with my employer.

Does this given I94 number mean, I can stay here?

Makwana

 

[ImmigAttyLana]

I really cannot answer this without seeing the document and the petition that was submitted to get this approval notice and what was requested on that petition. Since you indicate that your company's attorneys filed for this, why are you not posing these questions to the attorneys that prepared this petition, since they are familiar with the specific paperwork and issues that were submitted on your behalf.

Please let me know if you have any additional questions or need further assistance.

 

[makwana79]

Hello Attorney Lana,

Thxz for all the replies. But now I have a new problem. The INS has mailed my employer that I cannot start working unless I get a consular stamping from my home country. My H1B pertion has been aprroved on Aug 31st.

My questions is what is my current status? I am leaving US by Sept 3rd week for stamping to India. Will my staying here from be a problem when I leave for stamping and for consular stamping in India?

Another question to you Attorney, My company attorney recieved a approval email form Vermont center with I94 no. (So I was informed I didnt require to go to home country for stamping immediately), but after a week they got this letter (Blue color) asking me to go to India for stamping, So I am confused so is my company attorney. Can you tell me what is the I94 no. they send me with the approval email?

Thxz in advance, Attorney Lana

Mehul

PS: Regarding my companies attorney..I have no direct contact with him. And he replies thru my company.And it takes a long time for me to get the answers.

 

[ImmigAttyLana]

Without seeing what the USCIS sent as an approval notice and the subsequent letter received by the employer, coupled with when the H-1B petition was filed (since it was done after the gap due to the untimely filing of the OPT), I cannot answer this question. You should either consult with the company immigration attorney who is handling this case on your behalf or at least have a set of documentation ready to show another attorney so that they can make an intelligent analysis of your situation and advise you accordingly.

Please let me know if you have any additional question or need further assistance with this matter.

 

[makwana79]

Hello Attorney Lana,

My query is during consular stamping will this failure of maintain F1 status be of any problem. (I have a letter from the university mentioning the fault on their part to submit application on time and not informing me about this occurrence in the same.)

Is this letter substantial proof enough for me to explain the consular the reason for failure to maintain F1 status and get my visa stamped successfully?

Mehul Makwana R.


PS: Will this information even available to the consular at the embassy, me falling out of status, the letter from the unversity etc??

- What kind of information will the cousular have access too, can you shed some light on that?

 

[ImmigAttyLana]

Possibly, this will be an issue, but I cannot say for certain. The fact that the university has provided the letter will be of little importance, in my opinion, if the Consulate is not inclined to approve your visa petition. I would suggest not mentioning it unless and until you are specifically asked about your time out of status.