F1 to H1 Cap Issue

S

sk999

Registered Users (C)
Hello Rajiv,

I am right now in F-1 status and my OPT expires on 5 july 2004. I have recently got a job (Mar 4) by which the H1 quota was over. so, I was unable to apply for H1. So I Have couple of questions w.r.t this situation :


1) If I apply for my H-1 in first week of april and my Visa gets approved on April 15 (Valid from october 1st). I can stay legally in US after 30 june (With out working, I mean to say by taking rest as my employer is ready to take me back into the job from OCT 1st) ?

2) I have got a PhD Admission in a school starting from aug 14, I can join in the school and stay there till Oct 1st and once my H1 starts I can join back in the job.

Thanx in Advance.
 
sk999,

My problem is kinda similar. As (posts indicate) USCIS has not changed their visa processing times, we should get our H1's in april 2004 if we apply for premium processing. I spoke to an attorney and she told me that if I had my H1 before the expiration of OPT (including 60day grace period) I can stay till october without working.

I had also posted some questions regarding applying for F1 just as a backup to cover the gray area between end of opt (with grace period) to start of october, however from the replies I've received it seems that getting the F1 after the H1 might cause some problems.

Also I'm not sure about one thing, does the I-20 we receive from schools imply F1 visa or does F1 apply only if we join school with an I-20??

jdiddy
 
Originally posted by jdiddy
sk999,

My problem is kinda similar. As (posts indicate) USCIS has not changed their visa processing times, we should get our H1's in april 2004 if we apply for premium processing. I spoke to an attorney and she told me that if I had my H1 before the expiration of OPT (including 60day grace period) I can stay till october without working.

++++++++++++++++We hope so. But CIS has not perrmitted it so far. The attorney is mistaken.

I had also posted some questions regarding applying for F1 just as a backup to cover the gray area between end of opt (with grace period) to start of october, however from the replies I've received it seems that getting the F1 after the H1 might cause some problems.

+++++++++++++Not necessarily. The only problem that might occur is some ambiguity about your status after 1 October - are you then on F-1 or the earlier approved H-1. The easiest way out is, around Septemebr 20th, go get an H-1 visa stamp from your home country and reenter USA using the H-1 stamp. that removes all problems.

Also I'm not sure about one thing, does the I-20 we receive from schools imply F1 visa or does F1 apply only if we join school with an I-20??

+++++++++++++++++F-1 change of status has to be applied for from CIS (Form I-539). Mere issuance of I-20 means nothing.
jdiddy
Click to expand...
 
Thanx Rajiv and Jdiddy,

Is there any way by which we can request info regarding these kind of cases with the BCIS directly ?

If yes, please let me know.

Thanx,


+++++++++++++You can try. But there is no set mechanism for this.
 
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