Staying legally after filing for H-1B

[statguy07]

Hi,
I am currently in F-1 visa and a company has filed for my H-1B. I am planning to discontinue my PhD program and take up the job. I haven't yet informed my University that I am leaving but plan to do soon. Now there is the qualifier exam at the end June for which I don't plan for to appear and not even studying for it (also no time left for studying also) since I have decided to take the job offer. If I can't clear the exam then automatically I am out. Or, if I inform the University that I am leaving the program then also I am out. After that, the ISO (international services office) of my University will release me in the Cevis system saying that I am no longer a student in this University. This is take 15-20 days to process which will be like end of July. Now my query is that, since my H-1B can only start from October 1 what will be the status of my stay in USA in the months of August and September ? My employer has said that once my H-1B is filed and since I am already there I shall have no legal problems; i.e., it is perfectly legal to stay in USA in those 2 months. But till I am a bit tensed and want to know whether it is perfectly legal to stay or not. Waiting for your advice on this critical issue!!

 

[GotPR?]

My employer has said that once my H-1B is filed and since I am already there I shall have no legal problems; i.e., it is perfectly legal to stay in USA in those 2 months. But till I am a bit tensed and want to know whether it is perfectly legal to stay or not. Waiting for your advice on this critical issue!!

That is not correct. You are allowed to stay in the US as long as change of status application is pending, but once it is approved, you are considered out of status til Oct 1.

 

[statguy07]

That is not correct. You are allowed to stay in the US as long as change of status application is pending, but once it is approved, you are considered out of status til Oct 1.

Thanks for your reply. But as far as I know there is a rule which states that even if your F-1 status ends you are entitled to stay in this country for 2 more months. Actually it was more useful in the slump period when people were unable to find jobs till their OPT ended but still they had 2 more months to search for jobs before heading back home. I believe it is still true in case of dropping out of the program.
Then in that case if they release me end of July I can stay here legally for August and September and my problem will be solved.
Awaiting response(s).