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Immigration Issues/H1b change of status denial

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Question
My H1b change of status got denied with the reason stated that I did not have status from the time my opt expired to october when they issue visas. This reason is not valid because after my opt expired i went back to school and have a valid I-20. What are my options? Should I apply for motion to reopen the case? If yes, what are the chances they'll buy my I-20 being valid argument?

Answer
Hi,

Yes, a Motion to Reopen should be filed. Obtain a letter from the International Student Advisor at your university stating that you have been enrolled as a full-time student from [date] to [date] and that is change occurred before expiration of OPT, and that the SEVIS system for students was updated by the International Student Advisor to reflect your reinstatement as a full-time student.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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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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