F1(OPT) to H1

[guneet1]

Hi,

I am currently about to finish with my OPT and my company is willing to apply for my H1! I had a few questions regarding the H1 processing and my legal status after my OPT expires.

About me:
- My OPT is about to expire on May 30th 2004.

I know that:
- I have a 60 day grace period upon expiration of my OPT with which I can stay in the country legally as long as I am not working.
- Now since the H1 cap has reached, I will only be able to start working if I receive an H1 (i.e. on or after October 1, 2004)

Questions:
1) Can I stay in the US legally once the grace period is over ( July 30th 2004 – Sept 30th 2004) and I have applied for my H1 starting date Oct 1 2004 (not work just stay!)? i.e. while the H1 is in process.

Thanks,
Guneet

 

[Rajiv S. Khanna]

Originally posted by guneet1
Hi,

I am currently about to finish with my OPT and my company is willing to apply for my H1! I had a few questions regarding the H1 processing and my legal status after my OPT expires.

About me:
- My OPT is about to expire on May 30th 2004.

I know that:
- I have a 60 day grace period upon expiration of my OPT with which I can stay in the country legally as long as I am not working.
- Now since the H1 cap has reached, I will only be able to start working if I receive an H1 (i.e. on or after October 1, 2004)

Questions:
1) Can I stay in the US legally once the grace period is over ( July 30th 2004 – Sept 30th 2004) and I have applied for my H1 starting date Oct 1 2004 (not work just stay!)? i.e. while the H1 is in process.

++++++++++++++++++++As the law stands today - no, Guneet.

Thanks,
Guneet