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Possible H1B rejection and OPT extension.

Provo, UT |

On April 17 my case status for H1B was RFE and on April 18th, I got the foillowing message:


On April 18, 2013, the 15-day Premium Processing clock stopped on your I129, PETITION FOR A NONIMMIGRANT WORKER.
I do not know what it means and it has been in that status since 18th. I graduated in engineering and started working full time ( not through consultancy ) since then in IT company. My 12 month OPT will expire on October, 2013. So, I was wondering what that statement by USCIS mean and if it is rejection then am I allowed to apply for extension for OPT ?

Attorney Answers 2


  1. Best answer

    It just means USCIS issued a notice of RFE and the premium processing clock has been stopped since the initial decision has been rendered. Once your attorney submits a correspondence of the H1B RFE, the premium processing will start over 15 day premium processing from the date the correspondence is received by USCIS. You can't apply for H1B Cap Gap extension since the provision allows extension up to 09/30/2013.

    If my answer was helpful, please mark helpful or select as the best answer. It encourages me and other lawyers to answer your questions.

    If my answer was helpful, please mark helpful or select as the best answer. It encourages me and other lawyers to answer your questions.


  2. Probably they issued an RFE which automatically stops the clock.

    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.

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