Opt To H1b - Urgent Gurus Pls Help!!!

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vik30000

Registered Users (C)
Hi,

My new h1b for 2007 is filed and I am in a mess here and trying to sort this out. My OPT expires on 07/23/07. I know New H1B will begin on Oct 1st 2007. So what status my status be during the GAP?? Will I be out of status? Is there a grace period of 60 days for OPT? I graduated in 05/25/2006. Is there a grace period for H1B before Oct 1st 2007.


1. Should I also file a change of status? But will the change of status work since I have a gap?

OR

2. I have to go back to India and stamp h1b visa and come back?



I am worried sick so please reply asap.
 
1. Did you attorney request a Change of Status with your H1B petition?

2. If not, then you will get H1B approval but you will not get a new I-94 attached (Change of Status) to your H1B approval/I-797 and in that case you should go back to your home country or a port of entry to re-enter US for COS.

3. After your OPT expires, i belive, there is 2 month grace period but after that you should either go to F1 again or some other status or leave US.

You should talk to an attorney or your employer immigration dept asap.

Hope this helps a bit
 
In the past years, the Gap was considered as not an out of status and USCIS allowed all the students join In Oct 1 if you have change of status. This year also the same provision may continue/prevail.

Otherwise you can go out your home country, stay couple of months there and stamp your H1 visa and come back.


vik30000 said:
Hi,

My new h1b for 2007 is filed and I am in a mess here and trying to sort this out. My OPT expires on 07/23/07. I know New H1B will begin on Oct 1st 2007. So what status my status be during the GAP?? Will I be out of status? Is there a grace period of 60 days for OPT? I graduated in 05/25/2006. Is there a grace period for H1B before Oct 1st 2007.


1. Should I also file a change of status? But will the change of status work since I have a gap?

OR

2. I have to go back to India and stamp h1b visa and come back?



I am worried sick so please reply asap.
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