Legal Question in Immigration Law in California

If H1 is rejected can i still keep the OPT?

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?

Thanks for your help!


Asked on 12/06/04, 5:00 am

1 Answer from Attorneys
Jacob Sapochnick

Re: If H1 is rejected can i still keep the OPT?

Hi,

You can stay on your OPT even if the H1 is not approved as you will be still legal at that time.

You can always try to change status to F1 to go to graduate school as long as the change of status done properly and updated in the SEVIS system by the new school you should be O.K.

You can marry your US bf without leaving the US, this way you could change status in the US and obtain a work permit right away.

Give me a call at 619 819 92 04 oe email [email protected] if you need further assistance.

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Answered on 12/06/04, 12:25 pm


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