H1 application while H4 application is pending

[helpjune4]

Dear all:

Please kindly share your expertise and experience with me:

I had a H1b 5 years ago and switched to F1 about 2 years ago. I'm graduating this december and a company is willing to sponsor H1B after I finish my study for me. Since I'm falling in one of the H1 cap exemptions (H1B in past 6 years and never left US for more than a year), I can apply H1b any time. My questions are:

1. Since I used my one year OPT before, I don't get a new OPT this time (both for master degree). Do I still get 60 day grace period after I complete my study and can apply COS to H1b during the 60 days?

2. If I file a COS to H4 now and if by the time my company files the H1b for me. probably this december, the H4 case is still pending. What's going to happen to both cases?

Thanks for your kind help!

June

 

[great guru]

Dear all:

Please kindly share your expertise and experience with me:

I had a H1b 5 years ago and switched to F1 about 2 years ago. I'm graduating this december and a company is willing to sponsor H1B after I finish my study for me. Since I'm falling in one of the H1 cap exemptions (H1B in past 6 years and never left US for more than a year), I can apply H1b any time. My questions are:

1. Since I used my one year OPT before, I don't get a new OPT this time (both for master degree). Do I still get 60 day grace period after I complete my study and can apply COS to H1b during the 60 days?

2. If I file a COS to H4 now and if by the time my company files the H1b for me. probably this december, the H4 case is still pending. What's going to happen to both cases? Best option is go to H4 until you get your H1, however you will get only1 year term of H1, your H4 time also will be consumed by your total 6 yrs h period. If you do not have any LC on your name is pending you can not continue in H1 but you can stay only on H$.Thanks for your kind help!

June