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  1. #1
    Join Date
    Aug 2005
    Location
    New York - Massachusetts
    Posts
    1

    Default Converting from F1 to H1B

    I currently have an F1 visa and I graduated from college in May 2005. My F1 visa is valid through June 19, 2006 and I have been issued OPT that will expire July 7, 2006.

    My current employer is planning to apply for my H1 visa next year (because this year's quota has already finished). It is my understanding that if I am issued the H1 visa next year it will not be validated until October 1, 2006.

    Considering my F1 and OPT status, would I be able to stay in the US until October 1, 2006? Since there is a gap of more than 60 days after my OPT status expires, would I have to leave the country? If the H1 is approved and I am allowed to stay in the country, can I continue to work or should I take a leave from company until my status is validated?

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

    Default Complicated immigration issue

    I personally wouldn't dream of taking the advice of a stranger on a bulletin board if I were you (even if it sounds competent) - I would hire an immigration lawyer, and get an answer I could rely upon (or where I could plead that I made a mistake in good faith to the USCIS if it was wrong).

  3. #3
    Join Date
    Aug 2005
    Location
    NY
    Posts
    163

    Default

    Every year the USCIS has different rules regarding this gap - OPT to H-1B. It is premature to discuss it - no rule was issued yet.

    This reply is in the nature of general information, not legal advice and should not be relied on as such.

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