H-1 is pending and OPT expires

Our company filed H-1 for me in November last year and INS requested detailed job description and evidence that the position requires Bachelor\'s degree and our company provided them additional material in March. My OPT will expire very soon. Will I be out of status for the time I am waiting if H-1 get rejected?


Volunteer Moderator
Depends on the effective date field of

I797 approval notice. H1s are generally given from or near RD/ND. However some RFE cases have ended with H1 approvals without retroactive dates.


Registered Users (C)
60-day grace period still unused?

Did you use up your 60-day grace period already? If not then you can stay in the country (but not work) for

andy garcia

Registered Users (C)
period of stay

You can stay until 60 days after your OPT expires or until you get the H1 rejection(I hope you do not get), whichever is later. But remember, you can not work after the OPT expires.


Registered Users (C)
I was in a similar position

I was in a similar position couple of years ago, when the quota used to get over. My OPT expired, so I stayed without pay for