F1-OPT to H1B. Do you have to leave the country?

T

TungFong

Registered Users (C)
Hello,

I'm posting this on behalf of my friend. She is currently waiting for her H1B petition to be approved. She is converting/applying for her H1B from her current F1-OPT status.

Her F1-OPT expired back in 10/19/10 and she has stopped working since then. If I understand correctly, she has until 12/19/10 to get her approved H1B. Otherwise, she would have to leave the country?. This is correct? or can she stay?

Please comment on this. Thank you.

TF
 
60 days Grace Period

After your OPT expires you have a grace period of 60 days for which you can stay in the country (if do not file for change of status). In your case, since you have filed for change of status, you can stay as long as your petitiion for change of status to H1 is pending. However, after your OPT expires, you cannot work until your H1 is approved.
 
You must log in or register to reply here.
Top