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If my H1 is rejected will I get an OPT extension if I have a chance of filing an extension?

Los Angeles, CA |

I am filing both for a H1 and an OPT extension since I have a slight doubt that my H1 could get rejected. In case my H1 is rejected, will I get the OPT extension that I am filing for. My OPT (29 months) started on June 2012 , I have a chance to extend it for 17 more months. I am filing my H1 this year due to some personal reasons.

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Attorney answers 3


If the H-1B is rejected and you continue to maintain your F-1 status, you may seek extension of F-1 before the current OPT expires.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


Whether you can extend your OPT depends on whether you have continue to maintain your status, whether the employer is e-verified, and whether you majored in and are working in a STEM field.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


I agree with my colleagues.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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