1 month gap between OPT expiration date & H-1 start date

P

princesskate

Registered Users (C)
My friend first came to U.S. in 2000 with F-1 visa, the OPT expired in late-August 2007 and his H-1 visa is valid from 10/1/2007 to 2010. He never left the U.S.

Is he considered as out of status/overstayed between late-august 2007 and 10/1/2007?

He is on AOS-pending status (parent sponsoring unmarried child over 21) and he got his approved advanced parole. He is planning to travel in January with the advanced parole & a valid passport of his home country.

When he applied for H-1, his attorney said he could stay here legally during the gap (between late-august to Oct 1 2007). But he doubts in terms of traveling out of the U.S... so... CAN HE TRAVEL & COME BACK WITHOUT PROBLEMS?

Thank you!
 
First, OPT has 60 days of grace period after OPT ends. If grace period covers til H1 starts, there is no out of status.
Second, he has filed AOS, which gives him authorized stay.
 
GotPR? said:
First, OPT has 60 days of grace period after OPT ends. If grace period covers til H1 starts, there is no out of status.
Second, he has filed AOS, which gives him authorized stay.
Click to expand...

He wasn't eligible to file AOS one week after his OPT ended. When he applied for AOS, his OPT already ended. However that happened in his 60-day grace period as you mentioned... so I suppose he's in good shape huh?
 
I believe AOS is still valid, but there is something that bothers me.

4 or 5 years ago, CIS published a memo regarding change/extension of status filed during authorized stay. According to that memo, change/extension of status filed after valid status expires but still under authorized stay by Attorney General is not considered timely filing. It clearly distinguished legal status and authorized stay. I believe grace period is considered authorized stay rather than status, therefore, validity of AOS might be a question.

And then 2 years ago, CIS issues another memo explaining bridging issue. It did not clearly say that filing petition during authorized stay is considered timely, but it showed an example which involved petition filing under authorized stay and filing seemed valid based on what was written.

The first memo : http://www.uscis.gov/files/pressrelease/PofStay4023Pub.pdf
the 2nd memo was 5/12/05 Yates memo, if I remember.

Since the memo published 2 years ago was the latest one i have seen, I believe it was the stance of CIS, which made his AOS valid, but I'm not the person who wrote the 2nd memo, I can't say for sure.

In either way, his H1 is valid as it was filed way before OPT expiration.
 
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