O1-B Approved but extension of stay was denial

[Nutnaenorn 0]

My O1-B visa was approved today but my extension of stay was denied. 

 

Reason: my status is F1, I took Computer Application Program at school for certificate program. USCIS thought this school is M1 school. I misclassify from F1. Now I'm out of status. I have 30 days grace period to leave US and to ask US embassy in My home country to get O1 visa stamp.

 

My lawyer said that is hard. He suggest me to file Motion to reopen case. He said I have fair chance to do it. It's easy here to understand that is not my fault but school fault. 

 

My questions are.

 

1. If I file motion and I overstay in US (probably 3-4 months), after motion I get approval. Is out of status during over 30 days will be waive automatically. Will I get O1-B back? Is easy to get stamp from my home country?

 

2. If I file motion and I overstay in US, after motion I get deny. Can I still able to get O1 stamp from my home country?

 

3. I have my wife too, she is my dependent for F2 visa and she applies for O3 visa. Her case is still pending (Case was approved) Is she will be out of status too?

 

4. Right now. Do I still have to go to school to maintain my wife and my status during motion?

 

Thanks for answer

[elvis2017 0]

Could you please let me know how to get the O1B visa?  What's your major?   Do you find out a agent as sponsor?

[joemme 0]

4 hours ago, elvis2017 said:

Could you please let me know how to get the O1B visa?  What's your major?   Do you find out a agent as sponsor?

It is best you get a lawyer to do the O1 Visa. But you can check out USCIS link I'm putting here to see exactly what they require for it: https://www.uscis.gov/working-united-states/temporary-workers/o-1-visa-individuals-extraordinary-ability-or-achievement

[joemme 0]

On February 15, 2017 at 8:54 PM, Nutnaenorn said:

My O1-B visa was approved today but my extension of stay was denied. 

 

Reason: my status is F1, I took Computer Application Program at school for certificate program. USCIS thought this school is M1 school. I misclassify from F1. Now I'm out of status. I have 30 days grace period to leave US and to ask US embassy in My home country to get O1 visa stamp.

 

My lawyer said that is hard. He suggest me to file Motion to reopen case. He said I have fair chance to do it. It's easy here to understand that is not my fault but school fault. 

 

My questions are.

 

1. If I file motion and I overstay in US (probably 3-4 months), after motion I get approval. Is out of status during over 30 days will be waive automatically. Will I get O1-B back? Is easy to get stamp from my home country?

 

2. If I file motion and I overstay in US, after motion I get deny. Can I still able to get O1 stamp from my home country?

 

3. I have my wife too, she is my dependent for F2 visa and she applies for O3 visa. Her case is still pending (Case was approved) Is she will be out of status too?

 

4. Right now. Do I still have to go to school to maintain my wife and my status during motion?

 

Thanks for answer

You should probably go with your lawyers advice as they would understand situation best.

But are you not able to fly home for a couple weeks before your grace period is up to get your visa stamped and re-enter on the O1 Visa then to begin work? That may be safest way to make sure you secure your visa and know you can be there for another 3 years to work

[Nutnaenorn 0]

I have 2 months old baby and she can't travel 24. Hours flight back to Thailand right now. That is biggest reason. 

 

My lawyer advise me to file motion to open that is wrong decision for denial my extendsion of stay. He said I can stay 180 days before barr period start. If I get approve, he said everything will be waive. I get visa back and easy to get stamp.

 

but I need another opinion from people who know or other lawyer too.

[fs2439 46]

Was this a successful petition @Nutnaenorn?