H1 cap woes

S

shrutip

New Member
Hi Rajiv,

I am in a situation like many others. Currently on my OPT which expires in July. I am getting my H1 processing done on Apr 1st.I am currently working and unfortunately I will be losing this job after july. I am applying for H1 through a consultant. My plan of action for the duration from July to October is as follows. I would appreciate if you could go through the options and tell me if they would work out.

1. For the interim period , I am planning to go back to India. since I will be doing a premium processing, I should have my H1 papers in hand before I leave and then in october I can get a multiple entry visa in India and come back then. Do you foresee any problem in this?

2. For the interim period , do a change in visa status - either an F1 or B2. Incase I persue the F1 option, in which case I join school for that period of time, my question is-

a. Will it in any way effect my H1 visa(by that time through premium processing I probably will already have it with a start date of oct 1st.) . Will it nullify the H1 ?
b.If the H1 visa is not nullified, then Come october, will I be able to start work with the H1 immediately OR will I have go out of the country on a F1 visa and then re-enter on H1?

Incase I persue the B2 visa option- will that nullify the H1?

3. I have a 60 day grace period after July during which I am legally allowed to stay in the country- which for me will end in sept.There still seems to be some confusion on the fact that if H1 is in process, is one allowed to stay in the country or not.If INS does allow that then I could stick around till Oct without any legal issues.

Thanks in advance
Shruti
 
Originally posted by shrutip
Hi Rajiv,

I am in a situation like many others. Currently on my OPT which expires in July. I am getting my H1 processing done on Apr 1st.I am currently working and unfortunately I will be losing this job after july. I am applying for H1 through a consultant. My plan of action for the duration from July to October is as follows. I would appreciate if you could go through the options and tell me if they would work out.

1. For the interim period , I am planning to go back to India. since I will be doing a premium processing, I should have my H1 papers in hand before I leave and then in october I can get a multiple entry visa in India and come back then. Do you foresee any problem in this?

++++++++++++++++++As a general matter - no. Specifically for your case, no clue.

2. For the interim period , do a change in visa status - either an F1 or B2. Incase I persue the F1 option, in which case I join school for that period of time, my question is-

a. Will it in any way effect my H1 visa(by that time through premium processing I probably will already have it with a start date of oct 1st.) . Will it nullify the H1 ?

++++++++++++++Probably not.

b.If the H1 visa is not nullified, then Come october, will I be able to start work with the H1 immediately OR will I have go out of the country on a F1 visa and then re-enter on H1?

++++++++++++++++In my opinion, immediately (if you have received a new I-94 with the H-1 approval).

Incase I persue the B2 visa option- will that nullify the H1?

++++++++++++++++IMHO, no.

3. I have a 60 day grace period after July during which I am legally allowed to stay in the country- which for me will end in sept.There still seems to be some confusion on the fact that if H1 is in process, is one allowed to stay in the country or not.If INS does allow that then I could stick around till Oct without any legal issues.


+++++++++++++++++++++I have done this several times, but let me clarify it again. If your 60-days grace period expires on 1 October or later, you have no problem. Otherwise, you will not be in status even if H-1 is pending.
Thanks in advance
Shruti
Click to expand...
 
You must log in or register to reply here.
Top