What options do I have? My F-1 Student Visa expired and Green Card application got denied.

[Not a smart man 0]

Hi, I am looking for help in regards to my case and any advice would be highly appreciated. 

I originally entered US on a student visa in 2015. Since graduating in 2019-2020, I have been in the Green Card application process through E-B1(extraordinary ability) type visa. I play chess and I have won many tournaments (including Texas State Championship) so I thought that would be enough but USCIS denied my case due to not meeting enough criteria. I appealed in the federal court but court recently made the decision to also support Immigration’s side. I am expecting to get the official response in the nearest future. 

What would be some of my choices to legally stay in the country? 
 

Can I try O-1 if I find the employer? How likely is it to get accepted after recently being rejected from E-B1? 

What if I try going back to University for Masters? How would my status work in this regard because I know one needs to leave the country if they want to renew the student visa. 

Any help or pointers would be greatly appreciated. Thank you. 

Edited February 16 by Zura

[Not a smart man 0]

I realized I also have 1 year OPT from the student visa which I haven’t used after graduating because I immediately applied for the Green Card. Can I still use it now that my Student Visa is expired? 

[OldUser 7,004]

13 minutes ago, Zura said:

I realized I also have 1 year OPT from the student visa which I haven’t used after graduating because I immediately applied for the Green Card. Can I still use it now that my Student Visa is expired? 

Others can correct, OPT can only be used immediately after completing studies and has to be secured in advance.

[OldUser 7,004]

At this point, you're out of status?

I'd consult with a lawyer, but your case seems complex and I don't see your getting O-1 easily if even possible.

[Not a smart man 0]

4 minutes ago, OldUser said:

At this point, you're out of status?

I'd consult with a lawyer, but your case seems complex and I don't see your getting O-1 easily if even possible.

Not yet, still waiting for the official denial from the Immigration but since court already sent their decision, I don’t expect it to take long. 

[Boiler 45,753]

EB-1 seems a trifle optimistic, who told you this was a good idea?

 

It appears you are currently out of status and deportable so should leave as soon as possible.

[Not a smart man 0]

6 minutes ago, Boiler said:

EB-1 seems a trifle optimistic, who told you this was a good idea?

 

It appears you are currently out of status and deportable so should leave as soon as possible.

Not yet out of status, haven’t received an official denial from USCIS but I do expect it to come soon.

[OldUser 7,004]

4 minutes ago, Boiler said:

EB-1 seems a trifle optimistic, who told you this was a good idea?

 

It appears you are currently out of status and deportable so should leave as soon as possible.

Agreed, I don't see many options for staying at all.

[Boiler 45,753]

So you are going to wait for your Notice to Appear?

[jackiegringa 419]

1 hour ago, Not a smart man said:

What if I try going back to University for Masters?

Extremely unlikely you will be granted a non immigrant visa after applying for a green card.

 

I don't think you have many options here, EB1 has certain criteria that you either meet or you do not and if even with an appeal you got denied that is it.

 

Your time in the US is coming to a close, OPT is attached to the school somewhat and it is for immediate employment after graduation, that ship has sailed.

[Boiler 45,753]

Not so much applying for the EB, but everything that has happened after the denial.

 

F1 require non immigrant intent btw

[appleblossom 2,816]

Got to be honest, I'm struggling to see why your lawyer suggested either the O visa or EB1 for you. I'm sure your ability is extraordinary in chess, but it has to be at a national/international level (so winning a state championship wouldn't be enough), the acclaim has to be sustained and you have to show that you will 'substantially benefit' the US in the future. I really don't mean to belittle what you've done, I certainly wouldn't be able to do it, but I'm not sure how playing chess to a high level would benefit the US. 

 

What does your lawyer suggest? 

 

From what you've said, if you've never worked in any other job, then I don't think you have any other option. You're not likely to find an employer prepared to sponsor you if you don't have any/much work experience or specialist skills (in work), so I think your only option is to leave asap and then work your way back to the US in the future.

 

Best of luck to you. 

[jackiegringa 419]

Honestly I fail to understand what status or work authorization you were here for 4 years after graduation. While the EB1 was being processed, is it like an AOS that you have "authorizied stay"? If you had any income, was it through what type of job/visa? These questions are not just curiosity but for clarity on what type of ban if any you'd be under when you leave the US.

[Boiler 45,753]

1 hour ago, jackiegringa said:

Honestly I fail to understand what status or work authorization you were here for 4 years after graduation. While the EB1 was being processed, is it like an AOS that you have "authorized stay"? If you had any income, was it through what type of job/visa? These questions are not just curiosity but for clarity on what type of ban if any you'd be under when you leave the US.

 

 

Makes me wonder what the OP has been doing, now you can certainly drag things out for a very long time see asylum seekers, but it does mean you have pretty much screwed up any other opportunities.

 

 

[Cathi 5,771]

Your only option is depart the U.S ASAP.