Legal Question in Immigration Law in Washington

OPT Denied 01/26

Hi! My OPT was denied on January 26th. I have plans to leave the US on Feb. 26th, yet we were still reviewing the possibility of filing a motion to reopen or reconsider. After deliberation, we decided today 02/10 that it was not an option we wanted to go foward with. My graduation date was 12/12, and so I would be ''out of status'' according to USCIS as of 02/12...I am not sure what to do. I do not want to encounter problems would I want to come back on a visitor visa in the future and no one seems to be able to give me a straight answer as to when my status might be in jeopardy. I would assume that since I have 30 days to file a motion, they give me that amount of time to either do that or leave. Am I wrong?

Asked on 2/11/09, 12:50 am

1 Answer from Attorneys

Isabella Mayzel, Esq. Law Offices of Isabella Mayzel
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Re: OPT Denied 01/26

OPT is a benefit under the F-1 status which is, as you mentioned, is not limited by any time frame as long as your I-20 is valid. Denial of OPT by itself does not invalidate your status. Had you registered now for another course of studies, i.e. master's, PhD, another bachelor's, etc. your F-1 would remain valid. In general, EAD denial is not appealable. It is hard to judge just through email of the reason of the denial. Should you file a motion (if in reality it is possible), it does not create any problems with the validity of F-1. If you register and start studying within 30 days, you should not have any problems with your status.

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Answered on 2/11/09, 11:07 pm


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