H-1B Issue

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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!

Comments (5)

 
Dec 20, 2012 - 2:11pm

No idea, sucks that they applied so late. I would ask your employer if you can speak with the lawyers that they plan to have help with your immigration filing. The lawyers would know about this and your particular situation for sure. I'm confident it's not the first time this has happened, but never encountered the situation myself. Good luck and great job on the H1-b sponsorship

 
Dec 20, 2012 - 7:05pm

Again, I would talk to a good immigration attorney, I can recommend mine if you'd like, but I'm guessing you can't on both counts. My understanding is you can only stay after the H1 is filed if you're already on an H1, otherwise you have to wait until it's approved and Oct 1st rolls around. Apologies if this isn't wanted to hear, and most definitely talk to an attorney (this kind of question they'll answer for free) but good luck either way, if nothing else you can get a good long holiday!

 
Dec 21, 2012 - 8:41am
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