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My OPT is about to expire & my I290B application regarding my denied H1B visa is still pending. Need suggestions. Thanks

New York, NY |

My H1B application was denied because my application did not contain client letter. We have applied for I290B (NOTICE OF APPEAL TO THE COMMISSIONER) with more supporting documents. As per USCIS website, they received my application on August 13. I read somewhere that this process may take between 3 to 9 months. My OPT is about to expire on December 6th. I am worried that USCIS may not process my request before my OPT (I did my masters in Computer Science in California) expires, I would appreciate if anybody can explain the options available for me. Thanks

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Attorney answers 2


You have a 60-day grace period at the end of your OPT in which to settle your affairs before departing the US or straightening out your status. Consult with an attorney to determine whether the errors in your H-1B filing have a chance of being overcome.

Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.



Thank you very much for a quick reply. So, after Dec 6th when my OPT expires, I still have 60 days to wait for USCIS response for my I290B case and I can continue my job?


Actually, administrative appeals from denial of a nonimmigrant visa petition take more like 18 months to two years, so there is scant chance of action on your appeal before 12/6. As my colleague noted, you have a grace period of 60 days after your EAD expires in which to arrange your affairs and leave the country. I would strongly recommend that you consult with an attorney about the particulars of your case before you depart.

This is general information only. It is not intended as a substitute for legal advice, and does not create an attorney-client relationship.