Posted by: PallaGhareAntare September 20, 2007
H1-B & OPT : Things I Know
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bibas100, This rule was PROPOSED in May 2002. I don't know if it ever was finalized and came into effect. What I know for sure is that it hadn't changed until the end of 2005. If it changed during 2006 and 2007, I surely don't know about it. Also, though it says "to commence optional practical training immediately after completion of study", it's not clear as what immediately means, the next day of your graduation? or after 15 days? or a month? And how to interpret "one 60-day period for departure" ? where it doesn't mention anywhere "change of status" which you can definitely do. If you follow that, you need to depart US no matter what. The fact that you need to apply for OPT before your program end date is true though. You need to apply within 90 days prior to your graduation I think, so that your EAD comes in time. Please update if you know the rule you mentioned has indeed come in to effect and from when. loverboye, If your H1 was approved with I-94 attached, your F1 automatically terminates and changes to H1 starting Oct 1. That's what Change of Status (COS) means and that's why USCIS issued your new I-94 card. Paying in full I think is not one of the criterias to be in valid F1 status. It only means you cannot take your exam at the end of the semester and only then they might say you can be out of status if you don't take your exam. But not paying alone can't be a reason to terminate your F1 as long as you have fulfilled other requirements. Even if it is, they have to send you several warning letters before doing that. So I think you are good even if you don't pay now. Just inform your school on Oct 1 that you are on H1 now and see what they say. And you always have the option to pay if it doesn't work.
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