F1(opt)--> H1 ?? H4 ?? F1 ??

U

urch9

Registered Users (C)
Dear Gurus:

I am currently on F1 and my OPT is expiring in June 2004. My employer did not apply for H1 yet.

My question is can I apply for H1 during April 04 and just wait for H1 approval. I know that if I get H1 approved the earliest start date would be Oct 04. So inorder to maintain the status for the remaining 4 months do I need to apply for F1 or H4(getting married in May04)

Any help would be greatly appreciated.
Thanks
Urch9
 
You will be out of status, for four months even if your petetion is approved,
so best course could be convert into H4, and then convert into H1
all the best
 
Dear Urch,

I am in the same situation like you are, on OPT and could not apply for H1 on time for FY2004. According to the posts I've read,
INS has not changed their visa processing times. So if you apply for premium processing in april, you should get it in 15-20 days.
I spoke to an attorney about this and she told me that if I had my H1 receipt/approval before the expiration of my OPT I can legally wait in the country on the basis of waiting for a decision regarding application. Most probably USCIS will issue the H1's starting april so if you apply in April you should have your H1 before June.

jdiddy
 
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