F-1 to H-1 Transition

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vjrajendran

Registered Users (C)
I have my OPT valid till July 14, 2006. My employer is filing for my H-1B by beginning of April. My question is... even if I get my H-1 approved, the start date is going to be October 1, 2006. So technically I will be out of status from July 15, 2006 onwards. Since I have an approved H-1 starting from October, Can I just stay in US or I have to go back to my home country, get my visa stamped and come back?

Thanks
Vijay
 
Previous years INS allowed h1 beneficiary to stay until OCt 1 ( gap considered as legal stay in US) to start their job. This year you have to wait and see, whether the provision is avilable to you.
vjrajendran said:
I have my OPT valid till July 14, 2006. My employer is filing for my H-1B by beginning of April. My question is... even if I get my H-1 approved, the start date is going to be October 1, 2006. So technically I will be out of status from July 15, 2006 onwards. Since I have an approved H-1 starting from October, Can I just stay in US or I have to go back to my home country, get my visa stamped and come back?

Thanks
Vijay
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i have a pretty much similar situtation. but is it safe to get the visa stamped from india? as i hear there are more chances of rejections? also teh employer has applied for H1 in april how long will it take in general for all the papers to come.. ie will some one recieve the paper by july or later? replies are appreciated
 
If you apply premimum process you will get your approval by 3 weeks. But it will not solve any purpose until Oct 1, 2006.
vj_su said:
i have a pretty much similar situtation. but is it safe to get the visa stamped from india? as i hear there are more chances of rejections? also teh employer has applied for H1 in april how long will it take in general for all the papers to come.. ie will some one recieve the paper by july or later? replies are appreciated
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