H1B petition denied, next steps

lovelylady

Registered Users (C)
Hi all,

My H1B petition was denied today !! Need to determine further course of action. Please help.

Here are the details:

F1 to H1B , H1B was filed for the first time.

Have a Master's Degree in Engg

Currently on OPT extension.

OPT extension expiring in mid Dec 2012

After that I have 60 days to leave the US.

H1B petition filed by an Indian consulting company.

Date of filing: June 9th 2012

RFE by USCIS on Aug 20th 2012

RFE was addressed on Oct 2nd 2012

DENIED Decision Nov 20th 2012


The only choices I have now are to request my employer to file for MTR

or

leave for home within 60 days after my end of OPT

or

transfer to another school on F1 for another Master's or higher degree.

I am awaiting admission decision from a school I have applied for. I should know in a couple of weeks.


Question:

If my employer is willing to and would file an MTR , is my stay legal( I mean application pending with USCIS status , there may be no real visa status ) if it takes beyond Feb 2013 to hear a decision from USCIS? or Will it be considered over stay ?

If MTR is filed and is denied, how many days do I have to leave the US ?

Please keep this tread active with your responses, suggestions , dates and other details !!

Thanks,
 
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