F-1 to H-1 B waiting period

L

laxmitai

New Member
Hi all

I am graduating with my MBA on an F-1 visa in June. A company is willing to sponsor me in June for H-1B so that I can work from October 1st.

Question: If my H1-B application is made before I graduate, can I legally stay in the US waiting for my H1? I know the 60 day grace period after graduation but I would like to know if I can stay more than 60 days anticipating my H1? Please note that my OPT was used 2 years back. This is my 2nd degree.

Thanks
laxmi
 
Opt

It is my understanding that the recent changes allow you to do a 12 month OPT after each degree. Assuming you used up your 12 month OPT from a previous degree, you can do another 12 month OPT from the most recent degree. You may want to consult a more knowledgeable person on this though!

Cheers
 
Fi to H1

As far as i know,
Since your H1 will be valid from 1st oct, you will be out of status. This you should not let happen, try to see if you can postpone your graduation. These things may come back and haunt you later when you want to process GC. USCIS is very strict now a days on out of status cases. So take precaution.

Good luck.

PS: This is not a legal advise, consult an expert on the matter.
 
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