I have a question. I hope you guys can help me.
I'm currently on OPT that expires in Feb 15, 2013...
After Feb 15, 2013, I would have 60 days grace period to leave the U.S.
60 days grace period ends in April 15, 2013...
My company said they will apply H-1B for me in April 1, 2013 for work starting in Oct 1, 2013.. (I'm not qualified for STEM OPT Extension)
Since my opt ends before they could apply for me, cap-gap extension doesn't qualify for me and I would have to wait till Oct 1, 2013 to start work...
I am thinking of whether I can go back to my community college ONLY for spring 2013 while waiting for Oct 1, 2013..
my questions are:
1. Spring semester ends around the 20th of may. With the assumption that my employer files my H-1B BEFORE the end of my 60 days grace period, thus after the spring semester ends, can i still stay in the U.S. while waiting for Oct 1, 2013?
2. With the assumption that my employer files H-1b AFTER my 60 days grace period ends (after April 15, 2013), thus after spring semester ends, can i still stay in the U.S. while waiting to work in Oct 1, 2013?
Thanks for your help!