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  1. #1
    Join Date
    Nov 2010
    Posts
    4

    Default Change of Status F-1 to H-1b : Out of Status or Not

    Hi


    My case is kinda unique and I am not sure if I am out of status or not right now, here is my situation

    - I was working for my employer on OPT till 10/28, my OPT ended 10/28

    - the same employer had filed the H1B petition (with COS from F1) for me but since the I - 797 hard copy hadn't arrived in the mail the employer decided to terminate me on 10/28, to be re - hired once the I -797 came.

    - Once I received the I 797 the re-hiring process started and I am hoping to re - hired by 11/22, the H1B start date is 10/29.

    My query is that am I out of status from 10/29 to 11/21 ?


    Thanks in advance

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Change of Status F-1 to H-1b : Out of Status or Not

    You have a 60 day grace period after OPT ends, so that should cover the gap.

  3. #3
    Join Date
    Nov 2010
    Posts
    4

    Default Re: Change of Status F-1 to H-1b : Out of Status or Not

    Thnx for the reply, that was my thinking too when I was let go by the employer and was told I would be re - hired.

    But my Status changed to H1B on 10/29 as per the I 797 i received, so I am unemployed from 10/ 29 to 11/22 while on H1B status with the employer. Is this a problem ?

  4. #4
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Change of Status F-1 to H-1b : Out of Status or Not

    I wish you had posted sooner. Your employer should have asked his attorney about "cap gap".

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