Can one stay in US after grace period end?

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the_hareeb

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Here is example situation..

My OPT expired on 8/10/2010

My grace period ends on 10/10/2010... Do I have to leave US ?

My H-1b gets approved on 10/20/2010... Can I stay in US because I am in process of application for H1-B?

Please help me in this confusing matter.

Thanks

localboy

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Nope you cannot :-

"My grace period ends on 10/10/2010... Do I have to leave US ?" - what do you mean by grace period.. It does not matter that you have a grace period by the end of you OPT you have to have something in process besides H1b which starts at 10/01 ususally. But after 8/10 you need to either apply for college that starts in Sept or apply at a university with quater system that starts at Nov.

Your best bet is to apply for the college with quater system. you know for sure what will happen to your h1b.

"My H-1b gets approved on 10/20/2010... Can I stay in US because I am in process of application for H1-B?"

Once you get you approval then only you can forego your status besides that you have to maintain it everytime

the_hareeb

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thx localboy for clarification...is it okay to ask an employer for possibility of H-1 sponsorship before you start job. I had already done one internship there past summer, doing another internship this summer as well before I graduate.

Is it too early to ask. I just want to make sure of everything before I acutally start..

Those of you who have H-1 sponsored, what was your approach?

Last edited: 19-Nov-08 11:28 AM

the_hareeb

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also, does company needs to be e-verified, if I get H-1 approved without OPT extension..

To my understanding, company only needs to be e-verified for OPT extension to 29 months.

abc_n_xyz

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If your h1 b is aproved then u can.

please confirm it though.

localboy

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Its better to ask for sponsorship before you start a job. the extension although I am not fully aware of it can take effect if you have the required degree that are eligible. I am have known people whose extension has been approved on the basis of volunteer job as well so you might want to explore that option as well. Your Int'l advisor can give you a brief on that. You can also consult one of the lawyers. Remeber there are loop holes that can be explored

Peace

Drifter

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Check the "cap-gap extension" info.......

tha_dude

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hareeb bro,

Please type "cap gap H1-B" in google. Answer to your question is "yes" if the scenario you have otlined holds true.

GoodLuck

tha_dude