Legal Question in Immigration Law in California

Please advice on the following options if H1b denied.

Hi thanks for reading my question. I will start working in Jan 05 once i get my OPT EAD card. It will expire in Dec 05 and I am planing on getting a H1 in April or May 05. If my application for H1b is denied:

1) can I still use my OPT to stay till Dec?

2) Can I go to graduate school and get an F1 again in Sept?

3) If I marry my bf, a US citizen, can I stay or do I have to go back to my home country first to ''prove my love is real'' to the government?

Thank you for your help!


Asked on 12/06/04, 5:16 am

2 Answers from Attorneys
Baoqin Wang Law Office of Baoqin Wang

Re: Please advice on the following options if H1b denied.

If your H1B is rejected, you can still use your unexpired OPT or attend school and apply for F1. Please visit my website for more information on H1B law.

You can also marry your USC boy friend and apply for permanent residency in the US without leaving the country.

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Answered on 12/06/04, 1:07 pm
Larry L. Doan Law Office of Larry L. Doan

Re: Please advice on the following options if H1b denied.

1. Assuming that you are planning to obtain the H-1B in Apr or May 2005, that you haven't started one already, I'm sure you're aware that your employment start date cannot be until Oct. 1, 2005 at the earliest.

2. Already answered.

3. You'll be eligible for adjustment of status here if you marry your US citizen bf. But, you'll still have to do the "prove my love is real" no matter if you get your papers here or overseas. It's still part of the interview process to prove that you have a bona-fide marriage.

Larry Liem Doan, Esq.

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Answered on 12/06/04, 1:31 pm


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