How can my wife's OPT be inactivated?

[gwliang]

What is the name of your state? Virginia

Dear Sir/Madam,

We are Citizens of China, and my wife graduated in last summer, got her OPT and EAD card. She also found a job in last November, but lost it a week ago. She then went to Canada for a short visit after the layoff. But when she return to USA after 3-day visit of Canada, the INS or custom Officer at the entry port told my wife that since she lost her (temporary) job, they had to inactivate her OPT. She was also told that she had only 1 month to either get a new job, or change her visa status, i.e, to a H4 since I am a H1B visa holder.

My question is: I was told that we should have this OPT for 1-year to stay in USA legally, even if we had not found any job in the 12 months. I was also told that as long as we have not changed our OPT visa status to other visa status, getting laid-off in these 12 months does not affect our OPT status at all.

Am I right about the OPT? Is what the custom/INS officer did right? If he mistakenly inactivated my wife's OPT, is there a way I can challenge and get it fixed and how?

Thank you very much in advance!

gwliang

 

[ImmigAttyLana]

Go to the local office and see if you can have her reapply for the OPT EAD. They will probably tell you to do this through the Service Center but at least at the local office they will be able to look up her status and you will be able to explain the situation to an immigration officer.
Please let me know if you have any additional questions or if I may be of further assistance in this matter.