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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105700
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Actually my h1 was denied due to my major is not related to

Customer Question

Actually my h1 was denied due to my major is not related to software so they denied my h1.Actually my college has given me opt and opt extension under mechanical engineering and right now i am in opt extension and the uscis is saying that since i am woking for a software company i have misled both uscis and the college for working in software for this reason i may have violated student status so this may impact my opt extension or not can you please answer this question.
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Upon denial of the H-1B, your OPT is terminated and you have the standard 60 day grace period. Here is the official link:

https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-post-completion-optional-practical-training-opt-and-f-1-status-eligible-students-under-h-1b-cap-gap-regulations#denied

I wish I had better news for you, but you can either appeal the denial by filing an I-290B, or you can leave the U.S. and apply from outside for a new H-1B if you find a new employer for the appropriate position. You would most likely have to wait until April 1, 2017 to apply again unless you found a cap-exempt job and those are at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization. Those are not subject to this numerical cap.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Hello Yaswanth. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Thank you for your kindness and respect. Good luck to you.

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