F1 to H1-B question

[sharmamanish]

Hi! Rajiv,
Can you please evaluate the situation and let me know what could be the right step to do?
Currently I am on F-1 visa which is going to expire in Dec of 2006 and I have a job offer in my hand, starting from Oct 1st
Current F1 visa requires that student be enrolled as a full time student during spring and fall semesters
I want to complete my graduation before I start my job . There is an online university that would allow me to graduate by Aug 15
I will be applying for H1-B visa sometime in May so that I can work starting from Oct 1st when new H1B quote re-opens.
My concern is what would be my status from Aug15 to 1st Oct.
As if I go with online university then my F1 status gets terminated and I won't get any Optional Practical Training (OPT).
I will be in status till August 15th and after 15th august fall semester begins at my current enrolled university
Can I stay in status in fall, without enrolling as a full time student in the current university, on behalf of my pending H1-B application?
In other words will I be in status from Aug15 to Oct 1st, as my H1 visa application is pending and previous F1 visa will not be valid any more?
Thanks and I appreciate your help.

Manish Sharma

 

[Rajiv S. Khanna]

Originally posted by sharmamanish
Hi! Rajiv,
Can you please evaluate the situation and let me know what could be the right step to do?
Currently I am on F-1 visa which is going to expire in Dec of 2006 and I have a job offer in my hand, starting from Oct 1st
Current F1 visa requires that student be enrolled as a full time student during spring and fall semesters
I want to complete my graduation before I start my job . There is an online university that would allow me to graduate by Aug 15
I will be applying for H1-B visa sometime in May so that I can work starting from Oct 1st when new H1B quote re-opens.
My concern is what would be my status from Aug15 to 1st Oct.
As if I go with online university then my F1 status gets terminated and I won't get any Optional Practical Training (OPT).
I will be in status till August 15th and after 15th august fall semester begins at my current enrolled university
Can I stay in status in fall, without enrolling as a full time student in the current university, on behalf of my pending H1-B application?
In other words will I be in status from Aug15 to Oct 1st, as my H1 visa application is pending and previous F1 visa will not be valid any more?
Thanks and I appreciate your help.

Manish Sharma

I have not looked at the student visa regs. for this matter. Check with your International Students Office. I believe there are some exemptions available for gaps between semesters.