Canadians on an H 1B Visa - Help/Concern

[piyushdabomb]

Hi All,

I am 24 years of age who has been a Canadian citizen since I was 6 years of age. When I was 18, I moved to Rochester, NY and went to college at the Rochester Institute of Technology (completed my Bachelors of Science in Electrical Engineering with Computer Engineering Option in 2006).

When I completed college, I received my OPT (Optional Practical Training) visa whereby I was allowed to work on it for 1 year and then leave if I did not get on another visa. I selected the H 1B visa and currently, I am approved. When my OPT expired on July 30th, 2007, I was told that I have a total of 60 days to stay in the country and after the 60th day (i.e. 61 days), I will need to be on the H 1B.

The problem lies as follows: My OPT expired on July 30th, 2007. Adding 60 days to that gives me till September 29, 2007 where I am legal in the country. Since my H 1B only begins on October 1 2007, there is that one day - that is September 30, 2007 where I will end up becoming "illegal".

A couple questions regarding my case:

> Since I am a Canadian Citizen and I have my H 1B papers in my hand to include all the necessary forms (i.e. Employement letter of acceptance, my resume, pay stubs, cover letter, I-797B, US Dept of Labor Documents, I-129 Petition for a Nonimmigrant docs), DO I need to go to the US Consulate in the USA to get my stamp? Right now I am in Southern California (Los Angeles) and its costing me 800 bucks to get to Canada. I can afford the cash but I don't see any value in wasting it if I don't need to go. If I don't need to go, can I get my stamp done AT the border? Is this possible?

> I was planning on going to the Tijuana Mexican border and with all the documentation that I have. Can I go to the Mexican border instead? Please advise.

September 29, 2007 is coming up soon and any serious fruitful advice will aid in my condition.

Note: I have also heard that all I need is my documents whenever I go back and forth to and from the USA and not necessarily the 'stamp'. Is this true? Even if this is true, I wouldn't want to keep bringing the ton of paper I have with me just to enter the USA.

 

[piyushdabomb]

This is really strange because there is a 60 day grace period for students who have their OPT expired. Are you telling me that everyone in my position where their OPT expired and their H 1B is approved left the country? That sounds somewhat awkward.

What is this 60 day grace period? Is the 60 day grace period for the application process or is it for the 60 days to stay in the country? I don't quite understand this grace period at all. Please advise.

Sincerely,

Piyush A.

 

[bigboy00]

This is really strange because there is a 60 day grace period for students who have their OPT expired. Are you telling me that everyone in my position where their OPT expired and their H 1B is approved left the country? That sounds somewhat awkward.

What is this 60 day grace period? Is the 60 day grace period for the application process or is it for the 60 days to stay in the country? I don't quite understand this grace period at all. Please advise.

Sincerely,

Piyush A.

I forgot to add something in my previous post, sorry for that. Read this post instead of my previous post. This is what I mean by "dicy grace period". :

Many border agents do not know these specific rules and that is why you could face questions at the border.

I have heard about this 60 day grace period (that you could live in the country once your OPT expires) but I do not know how true it is, since I do not know any official source of info. But if it is true, you still have the problem only for 1 day (Sept 30). What I would do is go out on Sept. 29 and come back in on Oct 1 on the H1 status.

You can use any border, even the mexican. But cdn border would be much safer, in case the border agent raises the question about your 60 day presence (out of not knowing the exact rules).