Urgent!!! Need help, pls!! OPT expires before H1B effective

[phoebe.ng]

Hi,

I'm currently working full-time on OPT (F-1 status). In April 06, my employer filed H1B petition for me via premium process and it got approved 13 days later. The problem is my OPT expires on Aug. 21 (next Monday!) but my H1B isn't effective until Oct. 1st. So during 40 days gap (from Aug. 21 to Oct. 1), can I stay in the US legally? To my knowledge, after the OPT expires, I have 60 days grace period during which I can stay legally here, correct?

If that's not the case and I'm required to leave the States right after OPT expires, is there any workaround so that I don't have to go back (change of status? etc.) ?

Thank you very much for your advice!!!

 

[GotPR?]

If 60 days grace period covers til Oct 1, you can stay.

 

[phoebe.ng]

Thanks, GotPR! Such a relief, phew...

I just heard about the new law posted here http://www.immigrationportal.com/showthread.php?t=221008

Does my case have something to do with this new law, or it doesn't apply to my situation??

Thanks again.

 

[GotPR?]

This is not new law. It says if you do not have any status during gap from F1(OPT) to H1, you can not stay. Since you have grace period covering til Oct 1, it does not apply to you.

BTW, you have new I-94 attached to H1 approval notice, don't you ?

 

[phoebe.ng]

Yes, I have the new I-94 already. Thanks much, GotPR!