Immigration Issues/Status issue

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Question
 
Hi

I have a question and I would be glad if you can help me out with some advice. I CANNOT afford a lawyer so any advice towards my case would be much appreciated.

MY OPT was supposed to end on July 23, 2004. However, when my company applied for H1B in the month of May, 2004 the USCIS have sent me a RFE regarding the status gap. To prove INS that I shall remain in status, I got admission into a school in the month of June (even before my OPT expired) and I got my H1B approved starting Oct 1, 2004. Now that INS has passed a law addressing status gap, Can you please let me know if I can cancel my admission with my current school and remain in status.

Thank you in advance
Praveen

Answer
Hi Praveen,

My recommendation is to cancel your admission only after October 01. The new regulations require you to file a Motion to Reopen to address the status gap issue, and if the Motion to Reopen was not filed by August 23, my recommendation again is to maintain your school admission until Oct. 01.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Immigration Issues

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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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