OPT to H1 question

J

jdiddy

Registered Users (C)
Hi,

I have my opt until 1st week of June 2004. According to USCIS I can now only apply for H1 B for 2005 from April 1 2004. I will apply on April 1 2004 for my H1 B. Also USCIS says the visa will be issued starting Oct 1 2004. After completion of my OPT in 1st week of June I can legally stay in the country for 60days which comes to 1st week of Aug 2004. My question is can I stay in the country if I have the src number for my H1 B application after the 1st week of Aug 2004 till October when H1's will be issued.

Thanks.

J
 
jdiddy:

The best option is to file for h-1b and leave the country on or before expiry of your OPT. This way you have been in-status as opposed to get a stain on your record by being out-of-status. Then re-enter usa with a valid H-1B visa stamped in your passport!
 
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