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OPT extension denied. option 1: MTR option 2: Re-enter with new sevis option 3: can i do both (MTR and re-enter )

Columbus, OH |

I am a student of unva and my opt extension is denied and the sevis is completed now. The reason is i havent submitted the timesheets for my unpaid internship. But i have submitted my employment letter. Can you please let me know what is my status and how many days can i stay in USA. or in how many days can i transfer to other university by re-entering with new i20.

Can you please let me know where can i able to stay in legal status after an MTR.

Attorney Answers 4


  1. You are now deemed to be out of status. All your questions that follow need to be addressed to your school's DSO or FSA. I would strongly recommend against filing any type of MTR, since those are almost routinely denied by USCIS.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. I agree with my colleague. You are out of status. When you received the rejection letter, did the USCIS rejection found you to be out of status? Consult with an immigration attorney quickly if you want to avoid 3-10 yrs bar against you.


  3. It sounds like you are out of status. You should consult with your DSO and be sure not to overstay for 6 months as that will trigger a 3 year bar to re-entering the US.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


  4. You may file a MTR but the possibility of being successful are very limited. You should meet with your foreign student adviser for options for transfer or departing and returning. Once your OPT extension is denied you are out of status.

    216.861.4414
    immigration@rbrownllc.com
    www.brown-immigration.com

    Robert Brown LLC
    1468 W.9th St., Suite 800
    Cleveland, Ohio 44113

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