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Hello,
I came to the US in Aug 2007. I went out of status in Dec 2012. After a year and two months, I applied for reinstatement in May 2014. I also graduated that summer itself. The reason for getting out of status and the reason for applying late is personal.
The decision was not made for a year and in Mar 2015, I received a RFE( request for evidence) from the USCIS. I submitted a detailed file for RFE but my reinstatement finally got denied in April 2015.
I am posting a part of the reinstatement letter here. " Your application to reinstatement is denied. This decision may not be appealed. However, if you disagree with this decision, or if you have additional evidence that shows this decision is incorrect, you may submit a motion to reopen or a motion to reconsider by completing a Form I-290B, Notice of Appeal or Motion. A motion to reopen must state the new facts to be considered and must be supported by affidavits or other new documentary evidence. A motion to reconsider must show that the decision was legally incorrect according to statue, regulation, and/or precedent decision.
The motion must be filled in 33 days".
I have few questions now.
1. I had given extensive statements with proof for RFE but in my denial letter they have stated that I was unable to establish my grounds of going out of status and why I applied late. Also, I have already graduated so I am not sure on what grounds they could reopen my case.
But is there any point to reopen the case? Would it give me more time and one more chance to get back to legal status?
2. I have two job offers lined up which officially I have 100% chance of getting hired but the problem is the sponsorship. I am not sure if the company gives sponsorship. Should I wait here to hear back from them and see if I can apply for H1b for non profit. (H1b for non profit does not have a cap and can be applied any time of the year)
3. Would I be able to go back to my home country and still wait for these job offers and apply for H1b from my home country? I know my chances are slim but is it doable?
4. With this denial, it states that it leaves me without lawful immigration status. But they have not given me a timeframe to leave the country. Should I be leaving the country immediately? Or can I leave in few days?
I hope to hear an informed decision from this forum. Thank you so much for your help.
I wish I could hire a lawyer but even for an initial consultation they are charging me $350. Without knowing if I could get progressive help from them and not having money to spend if I have to go home eventually restricts me.
I came to the US in Aug 2007. I went out of status in Dec 2012. After a year and two months, I applied for reinstatement in May 2014. I also graduated that summer itself. The reason for getting out of status and the reason for applying late is personal.
The decision was not made for a year and in Mar 2015, I received a RFE( request for evidence) from the USCIS. I submitted a detailed file for RFE but my reinstatement finally got denied in April 2015.
I am posting a part of the reinstatement letter here. " Your application to reinstatement is denied. This decision may not be appealed. However, if you disagree with this decision, or if you have additional evidence that shows this decision is incorrect, you may submit a motion to reopen or a motion to reconsider by completing a Form I-290B, Notice of Appeal or Motion. A motion to reopen must state the new facts to be considered and must be supported by affidavits or other new documentary evidence. A motion to reconsider must show that the decision was legally incorrect according to statue, regulation, and/or precedent decision.
The motion must be filled in 33 days".
I have few questions now.
1. I had given extensive statements with proof for RFE but in my denial letter they have stated that I was unable to establish my grounds of going out of status and why I applied late. Also, I have already graduated so I am not sure on what grounds they could reopen my case.
But is there any point to reopen the case? Would it give me more time and one more chance to get back to legal status?
2. I have two job offers lined up which officially I have 100% chance of getting hired but the problem is the sponsorship. I am not sure if the company gives sponsorship. Should I wait here to hear back from them and see if I can apply for H1b for non profit. (H1b for non profit does not have a cap and can be applied any time of the year)
3. Would I be able to go back to my home country and still wait for these job offers and apply for H1b from my home country? I know my chances are slim but is it doable?
4. With this denial, it states that it leaves me without lawful immigration status. But they have not given me a timeframe to leave the country. Should I be leaving the country immediately? Or can I leave in few days?
I hope to hear an informed decision from this forum. Thank you so much for your help.
I wish I could hire a lawyer but even for an initial consultation they are charging me $350. Without knowing if I could get progressive help from them and not having money to spend if I have to go home eventually restricts me.
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