H1B Question on Status

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asad2282

Registered Users (C)
I have a question regarding the H1 visa.I am currently on OPT and not working anywhere.My OPT expires on May 10th 2007.And all the H1 B Visa quota has been filled for this year.If i get hired now i can work on OPT till May 2007.but if my employer files my H1 Visa in April 2007 then i will get my H1 Visa in Oct 2007.What will happen in the time period from May 2007 i.e. from the time my OPT expires until i get my H1 Visa(oct 2007)?Can i still work for him as he has filed for my H1 or will i be illegal in the US?In this case what should i do?
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asad2282 said:
I have a question regarding the H1 visa.I am currently on OPT and not working anywhere.My OPT expires on May 10th 2007.And all the H1 B Visa quota has been filled for this year.If i get hired now i can work on OPT till May 2007.but if my employer files my H1 Visa in April 2007 then i will get my H1 Visa in Oct 2007.What will happen in the time period from May 2007 i.e. from the time my OPT expires until i get my H1 Visa(oct 2007)?Can i still work for him as he has filed for my H1 or will i be illegal in the US?In this case what should i do?
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between July(taking grace period into account) and Oct, you'll be out of status unless you obtain some status and of course working during this period is illegal.
If it is very clear that you'll not have any status on Oct 1, CIS will most likely deny you change of status request, therefore you have to travel to get H1 stamp.
If you are very lucky, they may issue cap gap relief for those changing from F1 to H1, but I think chance is narrow as they did not issue such relief last 2 years.
 
If you don't want to leave the US, get enrolled to school.
If I were you, I'll go get H1 stamp since once you start working and you have to travel emergency for some reason, you'll end up in being stuck outside the US. Employer may say they do not need me anymore if I can not get back to work quickly.
Most of the people needs stamp eventually and it is the best time to get it before starting H1 job.
 
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can i go to my home country after enrolling in a school and come back wthin a month?because it is very important for me to go to my country at around august.will i be allowed to come back after going?And if i get my H1 in OCT when can i go for stamping?
 
H1 status problem

hi, i am i exact situation as you have. my OPT will expire next may 07 . i got job before quota was over but unfortunately i didnt file the H1. now my company will file my H1 next april 07 and transfer me to india branch for 5 to 6 months. so wht you will suggest me ? can i go to india and work with the company there or go for school and stay here till OCT ? is it possible to come back from india after doing job there? wht are the chances to get H1 stamed there? please reply me to solve this issue.

please give me ur contact details, so we can share some suggestions.

thanks ,
Perry
 
canada visa

Hi -

I came to US in 2000 on F1 status. I have already been approved for H1-b starting in October 2006. My F1 visa has alrady been expired and i am currently on OPT. My OPT does not expire until November of 2006 but since my H1-b is alrady approved i should be fine. I am tyring to apply for Visa stamp from Canada but before applying for it i must get the visa to travel to Canada. I was reading the instructions to apply for a visit visa to canada and the instructions tell me that i should have the re-entry to US before applying for Canadian Visit visa. should i just ignore that part and still apply for a visit visa to canada?

Any help will be appreciated.
 
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