Legal Question in Immigration Law in Illinois

OPT Expired, H1B denied

Dear Sir/Madam:

My husband OPT expired on October,2003. Before OPT expires, he applied for H1B visa. But unfortunately the application got denied. So how long can he stay at United States. I'm holding H1B visa working at United States.

Thank you so much for your prompt reply


Asked on 3/26/04, 2:12 pm

4 Answers from Attorneys
David Nachman Nachman & Associates, P.C.

Re: OPT Expired, H1B denied

Consider applying to change his status to H-4 and then wait until October 1st when he can petition for an H-1B nonimmigrant visa with an October 1st start date.

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Answered on 3/28/04, 9:45 pm
Myron Morales Lee Lane Smith LLP

Re: OPT Expired, H1B denied

He may be eligible for an H-4 on the basis of your H-1B.

[email protected]

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Answered on 3/26/04, 2:19 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Re: OPT Expired, H1B denied

You should immediately file for an H-4 for your husband if he is eligible, and then after obtaining an H-4 Approval Notice (I-797), he should try and either refile for an H-1B1 or explore other options that may be available to him, provided that the first H-1B1 was improperly prepared or if he is eligible for some other form of relief.

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Answered on 3/26/04, 2:49 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Re: OPT Expired, H1B denied

You should immediately file for an H-4 for your husband if he is eligible, and then after obtaining an H-4 Approval Notice (I-797), he should try and either refile for an H-1B1 or explore other options that may be available to him, provided that the first H-1B1 was improperly prepared or if he is eligible for some other form of relief.

To discuss your options in more detail please contact the office at (212) 618-1830.

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Answered on 3/26/04, 2:51 pm


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