H1B app. on grace period

[mlp]

My Opt expires on March 29. I am very likely to get an H-1 sponsor in coming weeks. However, by the time my sponsor could apply for my H-1 visa, my OPT will be expired and I will be on my grace period. Would my sponsor still apply for my H-1 visa, while I am here in the US on my grace period?

My OPT has started one month after I completed my studies. I am confused about how long I can legally stay in the US after my OPT expires. Some people say that I have two months of grace period after the expiration date of my OPT. On the other hand, some people claim that I have only 1 month of grace period remaining, since I already have used 1 month of it before my OPT has started. Could you please advise me on how much time do I have on my grace period?

Thanks in advance.

 

[Rajiv S. Khanna]

Originally posted by mlp
My Opt expires on March 29. I am very likely to get an H-1 sponsor in coming weeks. However, by the time my sponsor could apply for my H-1 visa, my OPT will be expired and I will be on my grace period. Would my sponsor still apply for my H-1 visa, while I am here in the US on my grace period?

++++USCIS was inconsistent in adjudicating this type of cases. There have been occasions where they have taken the position that the 60 days grace period is to permit an orderly departure from USA. We think that is a legally incorrect position. In recent months they have been permitting the 60-days filings as far as I can tell. Nevertheless, it is best to file an H-1 under premium processing if you are in the 60-days grace period.



Thanks in advance.