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  • Regarding The Status

    Hi Praveen,

    Below is the question.

    Hi,

    The expiry date of my F1 OPT is Dec 7 2011. I have been working on my F1 OPT and my employer filed for my H1B under premium processing on Nov 4th 2011. They asked for Request for Evidence on Nov 17th and finally rejected my H1B petition on Dec 15th 2011.
    I have a few questions.
    1. As my F1OPT expired and H1B got rejected, what status do I hold at present?
    2. Is my stay in US legal?(I heard that F1 OPT would have 60 days grace period but not completely sure).
    3. I applied for an university and got acceptance letter. If I get my I-20 can I apply for a change of status in US or do I have to go back to India to get my visa stamped.
    4. Does the sevis on my F1 OPT still be valid? Can I continue the same sevis for my new F1 as the university which issued me the acceptance letter asked me to transfer my sevis from my previous university.
    Please help. Thanks in advance.
    Praveen

  • #2
    Since your OPT has ended, you must first stop working.

    You have 60 days after OPT end date to stay in the US. If you want to study further, you can complete a SEVIS transfer within this 60 day limit and continue studying at the new school. Ask your old school's DSO and new school's DSO. Which new school/program are you planning?
    This is my opinion and not legal advice.

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