Opt - H1

H

hiwaystar

Registered Users (C)
Hi all,

I am currently on OPT, which is expiring on September 18th, 2002.

I have an offer from a company which is willing to sponsor H-1 by premium processing, unfortunately by the time their paper work is done and the petition is actually submitted to INS, it may be after september 18th.

SO INS may not receive my H-1 petition before my OPT expires. What if INS receives petition after my OPT expires?

What would be my status then?

Can I change from F-1 (OPT) to H-4 (dependent on my husband's H-1) and save my status till INS receives my H-1 petition??
What is the procedure F-1 to H4 and how long does it take?
Is F-1 to H4 to H-1 advisable in my current situation?

Please advise.

Thanx
 
f1 to h4 to h1 is possible...

however f1 to h4 takes some time. You can try for premium processing. However you can also travel to canada/mexico , get h4 stamped and file for change of status from h4 to h1 instead of f1 to h1. U will save money, time and anxiety...
 
There is a 60 day grace period after the OPT expires for you to remain in the country legally.Your status during that time will be F1. Also if you apply for change of status in a "timely manner", you have no problem. It is not very clear what timely manner means, but if you apply for change of status on the 59th day that is not considered timely manner. I dont think there is any problem in your case, Only thing is that you cannot work Sept 19 onwards until you get the H1B approved. Check with the company's lawyer.

Change of status to H4 takes some time depending on where you live. You can find out the time required on many sites (look for I-539 processing). Note however you cannot have two change of status application/petition at the same time. You must wait until you get H4, and then let the compant apply for H1 later. But first make sure that it is necessary to do this.
 
You must log in or register to reply here.
Top