OPT to H-1B

N

nima

New Member
1.My OPT expires July 5th 2007, i got a job recently, so could not apply for H-1B this year. If i apply for H-1 in April 2007 (i.e., the earliest date of application), when can i expect the H-1?
2. Can i put the start date as August rather than october 2007?(since i have 60 day grace period after OPT expires)
3. How exactly does the H-1 work? if i apply in April'07, is oct.2007 the earliest i can start?
4. since my OPT expires in July'07, will i be out of status? (since the H-1 doesn't start till Oct'07)
5. can i still be employed in the transition period from expiration of OPT to start date of H-1?

would be helpful if some one answers my q's-thank you
 
Hi nima,

I do not know this by experience, but from what I read in immigration portal forums and discussion with some friends who are currently on OPT.

If your OPT expires on July 5, 2007 you have until Sep 4/5, 2007 to change your status. If you apply in April 2007, your H1 start date will be Oct 2007 and not before. Once your OPT expires, you are not allowed to work until you get the H1 starting in Oct 2007. You are allowed to be in the country during the grace period of 60 days, but I think beyond that period you might have to return to your home country and come back.

Once your H1 is approved, there is also some clause that says that you can come into US a few days (not sure exactly how many) before the starting date. Chances are that you may have to just make a short trip back home or not leave at all.

The quota filled up very soon this year. Hence there will be many people in your situation. You might hear from someone with more experience.
 
Hi,

I am unsure of this but I think you are allowed to stay in the US while your H1B is pending (COS F1 to H1B), even after your 60 days grace period. Can anyone confirm this?

Thanks.
 
If you exceed the 60 days grace period, you loose your status. and you cannot work during the grace period. the earliest you can be in the country before your start date is 10 days. so if your H1 starts on Oct 1, it will be Sept 21. This is only if you are outside the US. If you are here and you have not exhausted the grace period, you can transistion without any problem.


nn2006 said:
Hi nima,

I do not know this by experience, but from what I read in immigration portal forums and discussion with some friends who are currently on OPT.

If your OPT expires on July 5, 2007 you have until Sep 4/5, 2007 to change your status. If you apply in April 2007, your H1 start date will be Oct 2007 and not before. Once your OPT expires, you are not allowed to work until you get the H1 starting in Oct 2007. You are allowed to be in the country during the grace period of 60 days, but I think beyond that period you might have to return to your home country and come back.

Once your H1 is approved, there is also some clause that says that you can come into US a few days (not sure exactly how many) before the starting date. Chances are that you may have to just make a short trip back home or not leave at all.

The quota filled up very soon this year. Hence there will be many people in your situation. You might hear from someone with more experience.
Click to expand...
 
Please clarify about my status...

I am in the US now and have applied for H1B. I am in my grace period and come end of August will be the end of my 60 days. I don't think I will get my H1B approved before end of August. So will I be out of status even though I am waiting for my H1B?

I am a little confuse as I have read somewhere that if I leave the US while I am applying to change my status from F1 to H1B, I would have to apply again as my departure will be regarded as withdrawing H1B application.

Please advice.

Thank you.
 
you will be going out of status at the end of august. i would suggest you talk to your lawyer about possible ways you can avoid going out of status.

StillHoping said:
Please clarify about my status...

I am in the US now and have applied for H1B. I am in my grace period and come end of August will be the end of my 60 days. I don't think I will get my H1B approved before end of August. So will I be out of status even though I am waiting for my H1B?

I am a little confuse as I have read somewhere that if I leave the US while I am applying to change my status from F1 to H1B, I would have to apply again as my departure will be regarded as withdrawing H1B application.

Please advice.

Thank you.
Click to expand...
 
Not true. You won't go out of status while your H1B is pending. I saw a similar post answered by GotPR?. But to be sure, ask your attorney.
 
That is correct. As far as application is pending, one is under authorized stay.

I am a little confuse as I have read somewhere that if I leave the US while I am applying to change my status from F1 to H1B, I would have to apply again as my departure will be regarded as withdrawing H1B application.
Click to expand...

As for leaving during change of status is pending, it void COS application, but H1 petition part should not be void. YOu need to get H1 stamp in that case.
 
Hi GotPR,

Is this travel during COS even applicable when one is changing from H4 to H1. If so would that mean even if i am out of the country my application will still be considered and when reentering US i should have the H1 stamping done.
Pls Clarify.
Thanks.
 
From what I have understood form the various threads, if you have applied for an extension under the status you are currently in, you are in authorized stay. But if you are changing status, and your current status expires, then you are automatically out of status. In such cases you might have to approach USCIS for relief, and a lawyer is the best person to contact to get correct info on this.

GotPR? said:
That is correct. As far as application is pending, one is under authorized stay.



As for leaving during change of status is pending, it void COS application, but H1 petition part should not be void. YOu need to get H1 stamp in that case.
Click to expand...
 
frostrated said:
From what I have understood form the various threads, if you have applied for an extension under the status you are currently in, you are in authorized stay. But if you are changing status, and your current status expires, then you are automatically out of status. In such cases you might have to approach USCIS for relief, and a lawyer is the best person to contact to get correct info on this.
Click to expand...

please read page 1 & 2 of the following CIS memo.
Hope it clears your doubt.

http://www.uscis.gov/graphics/lawsregs/handbook/UnlflPr3273Pub.pdf

Is this travel during COS even applicable when one is changing from H4 to H1. If so would that mean even if i am out of the country my application will still be considered and when reentering US i should have the H1 stamping done
Click to expand...
It is applicable for H4 -> H1 too. If you left the US before decision is made on your COS application , you can not change your status in the US. Your H1 petition should be valid, but COS part is not valid anymore. So, if you got H1 approved in that case, you won't get I-94 attached , and you need to travel to get H1 stamp in your passport.
 
Last edited by a moderator:
Question for Gotpr

Hi

Thanks for the info is it documented anywhere that if i travel out of US when my COS is pending with USCIS my H1 application would still be valid. Am checking with you coz my lawyer still maintains that my H1 application would be void as i will be out of country when the application is still pending.
I did go through the previous link that you have mentioned and just wanted to add to that is that am not going to be out of status as my H4 application is still valid.

VSc has transfered my case to TSC on 27th and i need to travel on the 1st of sept. looks like a loosing battle. Any info would be highly appreciated.
 
I do not recall any official document for this, but I read many cases that I797 comes w/o I-94 when they depart the US during COS is pending, though I haven't heard the case H1 itself was denied because of leaving. I'd actually appreciate if anybody told us the case that resulted in H1 denial.

If lawyer insisted so, then it might be safer to go either premium processing, or wait for approval.
 
Krish18

I have applied or H4 to H1 and travelled during its process. I got approval with I94 DO NOT know wheather it is valid. I want know about you case wheather it was approved with I94 despite travel.
 
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