h1b filing for 2005

[dkv]

Hi Rajeev,
I graduated in May 2003. My OPT expires on Jul 10, 2004.
My H1B petition couldnt be filed as the USCIS stopped accepting petition after Feb 17, 2004. My attorney now says that I have to get a new I-20 and proof of registration for classes before he can file the H1b petition in Apr 2004.

My question is whether I require a new I 20 for filing the H1b petition on Apr 1, 2004 when I am in F1 status as on date and will continue to be in status till Jul 10, 2004.

I intend to take admission in fall 2004 to maintain status but dont want a new I 20 right now as it will stop my OPT. Moreover the registration for international students will start only after orientation that takes place one week before classes start. I am afraid there will be no quota left if I have to wait till then.

 

[Rajiv S. Khanna]

Originally posted by dkv
Hi Rajeev,
I graduated in May 2003. My OPT expires on Jul 10, 2004.
My H1B petition couldnt be filed as the USCIS stopped accepting petition after Feb 17, 2004. My attorney now says that I have to get a new I-20 and proof of registration for classes before he can file the H1b petition in Apr 2004.

My question is whether I require a new I 20 for filing the H1b petition on Apr 1, 2004 when I am in F1 status as on date and will continue to be in status till Jul 10, 2004.

I intend to take admission in fall 2004 to maintain status but dont want a new I 20 right now as it will stop my OPT. Moreover the registration for international students will start only after orientation that takes place one week before classes start. I am afraid there will be no quota left if I have to wait till then.

The problem is, currently, CIS has given us no guidelines for people being out of status between Apri all the way to October. You have a gap from approximately September 10 (60-days grace period for F-1) to October 1. Any gap, whether it is one day or a few months, can potentially be a bar to adjustment of status.