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Opt denied / (How many days can stay in USA)

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  • Opt denied / (How many days can stay in USA)

    My wife came here on H4 visa and converted her visa to F1. Last week, her Opt was denied because her college(UNVA) didn't provide the co-op agreement while she was doing CPT. Its already been more than 60 days after she graduated.

    Questions:-
    1. In the denial notice USCIS mentioned that she has 33 days to file MTR. If we don't file MTR, is there any specific duration by which she has to leave the country (how many exact days she have, I understand that she has to go immediately) ?

    2.Her Sevis status says "Completed", Is there any way to make her status active and apply for other university.

    3.Once we file the MTR,can she go out of country(India) and can wait in India until decision is made and then come back if OPT approved?

    4.Will it impact of being out of status for 3/4 weeks while coming back from in India on H4 visa after a month? Will the invalid period of 3/4 weeks, impact our GC processing in future ?

    Appreciate your help .Thanks in advance.

  • #2
    Originally posted by RahulVerma View Post
    My wife came here on H4 visa and converted her visa to F1. Last week, her Opt was denied because her college(UNVA) didn't provide the co-op agreement while she was doing CPT. Its already been more than 60 days after she graduated.

    Questions:-
    1. In the denial notice USCIS mentioned that she has 33 days to file MTR. If we don't file MTR, is there any specific duration by which she has to leave the country (how many exact days she have, I understand that she has to go immediately) ?

    Filing MTR does not make her legal. She is not allowed to stay while MTR is pending.

    2.Her Sevis status says "Completed", Is there any way to make her status active and apply for other university.

    Unfortunately not. There may be a 60 day allowed period after date of graduation, she may transfer SEVIS or change status during that period, but if you are saying that SEVIS is complete, it may not be possible.

    3.Once we file the MTR,can she go out of country(India) and can wait in India until decision is made and then come back if OPT approved?

    Yes, that is possible. But it is not be straightforward.

    4.Will it impact of being out of status for 3/4 weeks while coming back from in India on H4 visa after a month? Will the invalid period of 3/4 weeks, impact our GC processing in future ?

    No 3/4 weeks will not be a problem.

    Appreciate your help .Thanks in advance.
    See above. Consult an experienced immigration attorney. Only they will be able to advise best in this situation.
    This is my opinion and not legal advice.

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