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What options do I have if OPT stem extension is rejected?

Milwaukee, WI |

I have applied for OPT stem extension and I got RFE for employment history. I submitted all the documents and now the status says DECISION. I have not received the letter yet. but the status has not moved to post decision activity. does that mean my application is rejected?
I am working in a company in a field related to my study. what options do I have if I get rejection? can I enroll back in university and start studying? my student visa ends in december 2014. My fiance is citizen of USA , we are getting married in July. if I get rejection but get married before I go back to my country, will it create more problems in future?

Attorney Answers 4


You may want to marry your fiancee now. When your fiancee sponsors you for a green card, you will get a work permit in 90 days.

Please click the link at the very bottom for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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If you marry to your USC girl friend, you could adjust your status even if your OPT STEM extension is denied.

This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.

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If you have already made solid plans to get married, you may wish to consider going for a civil ceremony in the near future just so you can get the legal formalities started as far as asjusting your status. You can still keep your wedding plans in July with all your friends and family, but with the security of having your green card in your pocket on the big day. Good luck!

414-758-5245 * *

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If you are getting married to a U.S. citizen, you may wish to file for adjustment of status in the U.S. rather than leaving the country and risking whatever might happen during consular processing.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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