Exempt to Non Exempt

[sharadpathak]

Hi Rajiv,
My current H1B Visa (EXEMPT) is expiring in April 2004. I have a company who is ready to file for my H1B (Non EXEMPT) Visa in first week of APRIL. Can I wait for 5 months in the country, with my new H1B Visa. You have said that people with OPT have 60 days grace period. What about in my case? Mine is a H1B Transfer from Exempt to Non Exempt employer. I understand that this transfer would put me under the CAP. Will I be able to work from April till October for my new employer? Or atleast stay legally in the country?
Thanks for your advise.

 

[Rajiv S. Khanna]

Originally posted by sharadpathak
Hi Rajiv,
My current H1B Visa (EXEMPT) is expiring in April 2004. I have a company who is ready to file for my H1B (Non EXEMPT) Visa in first week of APRIL. Can I wait for 5 months in the country, with my new H1B Visa. You have said that people with OPT have 60 days grace period. What about in my case? Mine is a H1B Transfer from Exempt to Non Exempt employer. I understand that this transfer would put me under the CAP. Will I be able to work from April till October for my new employer? Or atleast stay legally in the country?
Thanks for your advise.

Interesting situation. My best guess is you are not allowed to stay. Having an exempt to non-exmpt conversion looks like the same as an F to H or similar conversion.