Hi, I recently graduated with a bachelors degree and am on OPT status. My employer filed for my H-1, which has apparently got denied due to the fact that the job description for my job does not really require a degree holder for that position. I first received an intent to deny, to which I supplied them enough strong proof that the position did require a degree holder, but still got denied. Now, my OPT expires next year in May 2006. At this same time once my H-1 got denied, based on my lawyers advice I have started my process for my GC directly from my F-1 status. It is still in the initial stage of advertisement. The main point here is that my visa has already expired on my passport since June 2005 and my wife and I would like to go to India as she is pregnant and wants to spend some time there with family. Can I leave USA and come back with my wife on my OPT status???
If I apply again next year for my H-1 and if that gets denied too, then can I switch to F-1 status and go to India to get the visa, is it advisable? Also, if I switch to F-1 status would it be ok to do another bachelors degree or masters degree would be preferred? I would like to have my wife deliver here in the US as her due date is in June, which is right after my expiration of OPT. Do I get any grace period to stay in the country after OPT?
If I apply again next year for my H-1 and if that gets denied too, then can I switch to F-1 status and go to India to get the visa, is it advisable? Also, if I switch to F-1 status would it be ok to do another bachelors degree or masters degree would be preferred? I would like to have my wife deliver here in the US as her due date is in June, which is right after my expiration of OPT. Do I get any grace period to stay in the country after OPT?