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Immigration Issues/H1B petition denial decision by USCIS

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Question
Hello Sir,

I am currently on F1-OPT period and a company A(authorized vendor of company B for which I am working) has filed my H1B on April 13. We received RFE for that and we have submitted response to RFE in given timeline. Yesterday, while I was checking my status on USCIS website, I found that they has given denial decision.

I am very worried about the case.
Can you please inform me the probability of approval of my case? I mean Is there any chances that it can be still approved?

I heard about Appeals and Motions to reopen the case for USCIS decision. What is probability that by appealing or reopen my case I will get approval decision?

Also, my F1-OPT period is valid till Feb.2014. so, denial decision of my H1B petition affects any way in my stay till Feb.2014?
Please advise me. Thanks

Answer
Hi,

You will continue to maintain F1 OPT status until Feb. 2014 if H1B is denied. Your employer will receive the denial decision. The probability of success of either an appeal or a Motion to Reopen or Reconsider is based on the reason for denial, but in general the probability of reversing a denial is quite low.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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