Asked on Dec 04th, 2015 on Immigration - New Jersey
More details to this question:
My son was on F1. After finishing his Masters' he applied for OPT which was denied on Oct.13,2015 since he had applied earlier but never utilized his OPT since he went on to do another Masters'. but never informed INS about it. Now another University is willing to give him J1 visa. So is it possible for him to change status without leaving USA? What is his status now? He is afraid that he might get denied at US embassy in India if he was to leave US for stamping.!? He is Indian citizen. Thank you
From our understanding, you can change status even if the OPT is denied in 2 situations – before completion of studies and your son would then have a full 60 day grace period; and after completion of studies but before the 60 day post completion period end date, and your son would have 60 days from the date of the decision. If the OPT is denied after the 60 day grace period, there would be no additional period of time. If out of status, he can request a late change of status from U.S.C.I.S., but if denied would have to leave the U. S. for consular processing if he wanted to be in legal nonimmigrant status. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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