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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 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 ?

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Attorney answers 1


The statement by USCIS apparently means that there is some reason - often security-related -why it will not be acting on your petition within the 15 day premium processing window. It doesn't necessarily mean that your I-129 will be rejected (the vast majority of security related delays are eventually resolved without a denial). Meanwhile, you can - and probably should - apply to extend your OPT (if you are eligible to do so) right up until your status is changed to H-1B. There's no harm in applying to extend your OPT while a change of status to H-1B is pending. It simply will become moot if the change of status is approved.

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