Opt to H-1

S

sm321

Registered Users (C)
Currently I am working on Optional Practical Training(like EAD) which expires on 15th September 2002.
My employer is going to apply for H-1 B visa sometime this week.
If I dont get my H-1 visa approved until 15 sept then what would be my status? Will I be able to work ?
I would appreciate if you mail me back.
Thanks,
 
I suggest you to contact your H1B Petitioner the soonest possible time and have your papers submitted to the local INS office prior to the expiration of your J-1 Visa. The U.S. Non-Immigrant law states that a U.S. employer can file I-129 or a change of status for a non-immigrant employee i.e. J-1 to H1 provided that the latter's I-94 is still valid from date of filing. Anyone who is under job petition, his/her stay in the U.S.A. is still considered valid or legal until such time the approval from INS comes out. From that on, if the case is denied, you will absolutely be forced to leave the U.S. and go back to your home country unless you are determined and willing to hire an expert Immigration Lawyer to re-open the case. I hope you will find this beneficial to your querry. Anyways, I hope you don't mind if I'm gonna ask you what company in the U.S. offers you for a job. Can you e-mail me privately, please? Thank you and good luck!
 
OK with H1 Appl

sm321,

you'd be just fine as long as they apply before your EAD expiration.

for peace of mind. you may also ask them to use premium processing that takes only 2 weeks instead of 2-3 month with an additional $1k. you may offer your employer to bear the cost if they deny to do the premium precissing due to additional cost but try them first.

good luck!
 
Once you apply for change of status to H1, you are allowed to remain legally in the US until the INS makes a decision. But note that you cannot work after your OPT expires unless you get your H1B approved. Also note that even if your employer does not file for change of status, you still have the 60 day grace period (if you are currently on F1, and I think 30 days if you are on J1) after the expiration of your OPT to stay in the country.
 
New Policy for H4/H1 >>Please help

Is this true that to apply for H4 visa stamp at consulate principal candidate (H4 holder) must have his H1 Visa stamp in his passport. Is this a new rule. I know people's wife got visa from back home consulate where principal candidate does not have visa, but have the valid H1B approved notice.

Is this not true anymore??

I am converted from F1 to H1, never had H1 visa in my passport. Cannot my wife apply for H4 from back home?? I heard that as I dont have VISA, she wont be issued visa. This is fairly new policy.

Does anybody has any idea on this.
 
Raj1994

Thank you very much. I donno how it would be handled in US consulate at Dhaka, Bangaldesh. Ihave changed my status student to H1, so I do not have H1 visa stamp. Now, I donno my wife will be issued H4 or not. I have valid status and everyhting is just fine.
 
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