QUESTION

H1B Denail, OPT Expired, SEVIS terminated

Asked on Feb 28th, 2014 on Immigration - New Jersey
More details to this question:
My employer filled H1B for me in April 2013 and got approved. I left the company A in august and company A revoked my H1B but my OPT was active till November 2013. My Employer B filed H1 in september under premium processing and got RFE and replied to it within time and decision was pending till now. Two weeks ago online it is showing that USCIS denied the application and send the denial notice explaining the reasons and future options that I may have. My employer/lawyer has not received any email or physical notice yet. My employer is telling me that he called USCIS and they said that its denial of change of status but H1 is approved. So i will have to go out of US and get stamped. 1. Since my OPT is expired & online it says denial, can I stay in US until we receive physical notice? 2. My school says that my SEVIS is terminated so I can not get admission unless I go out of US and get stamped for F1 again. Is there a way to reactivate SEVIS? 3. When does 60 day grace period start?
Report Abuse

1 ANSWER

U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at Kazmi & Sakata
1 Award
You are not going to get an F1 stamp. You will leave and process the H1b at the Embassy for your H1b stamp. Your F1 is irrelevant. Best of Luck.
Answered on Feb 28th, 2014 at 6:00 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters