F-1 to H-1

R

rajat23

Registered Users (C)
HI,

My wife is currently working on F-1 visa/OPT and her current status expires on September 15th' 2004. We plan to apply for her H-1 visa sometime in June 2004.

I understand the current H-1 cap might exhaust by March 2004. Will INS aprrove her H-1 petition with validity from October 1st, 2004 when the new cap begins? Wil the INS wait until October 1st' 2004 to begin processing her case?

She will be out of status from Septembet 16th to October 1st? Can that be a problem?

Thanks.
 
Yes they should approve the H1 with a start date of OCt 2004.
15 days of out of status can be a problem in the future.
 
Jaxen,
Thx for your reply. When you say there could be a problem, do you mean for getting the H-1B approval or later on when applying for GC etc.

Thanks.
 
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