My OPT authorization ended one month ago and I have been waiting for H1B approval …

… of the petition my employer filed on my behalf. Unfortunately, the H1B petition was denied because of the lack of evidence about the employer / employee relationship. I would like to continue to maintain status in the U.S. What should I do to stay in valid F-1 status?

Answer:

You appear to be in valid F-1 status until the end of your 60-day grace period after the expiration of your OPT authorization. To maintain your F-1 status in the future, you may transfer your SEVIS record to a new program of study by the end of your grace period. You should resume your study at the next available term not to exceed five months into the future. (27.Dec.2013)

Questions frequently reach us from students on a variety of matters. This is a sample question, answered by an attorney in our firm. More information can be found in the student section of MurthyDotCom.

Copyright © 2013, MURTHY LAW FIRM. All Rights Reserved



Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.