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delicate
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Posted on 02-18-06 4:10
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Hi guys, Does anybody have any knowledge about the process of applying H1-B visa? I mean is it possible to stay in the US without having F1? Because one time heard that we can stay legally in the US if we are in the status of processing our H1 but at the other time I heard that we can't stay like that, we need to take I-20. So, what's the fact about this situation? I would be thankful for your help!!!
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wind
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Posted on 02-18-06 10:43
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As far as H1 is concerned, I believe, you can't stay here in the processing status, but you should either have H1 or your F1 status. The processing status is only for Green Card applicants. I am not 100% sure. You might want to try to look at it in the USCIS website, or wait for some more responses. Good Luck!
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bond_oo7
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Posted on 02-19-06 12:24
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from what i heard too.. u cannot stay in the us.. or get employed untill it is approved. One of my friend was in a situation where her OPT experied in Spt and her H1 started in Oct. She couldnt work between the time lag.. it was only 1 week so she could stay in US (u get 2 weeks after OPT expires) else she would have had to go out of US for the time being.. u may wanna ask a lawyer in ur company.. good luck..
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dyamn
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Posted on 02-19-06 2:07
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bond 007 you get to stay up to 60 days after your opt expires. You have to change your status on that 60 days grace period.
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delicate
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Posted on 02-19-06 3:00
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OK, my OPT is expiring on 5th June, 06. And if i apply my H1 on 1st April, I might get within the grace period of my expired OPT. But, the actual work that i can start with my H1 status will be from 1st Oct only. So, my question is, am I be able to stay in US having my H1 with me although I am not gonna be able to work till 1st Oct? Any help would be appreciated!!
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dyamn
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Posted on 02-19-06 3:30
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Delicate, i am on the same boat. And i have heard that yes you can stay but not work until it gets approved... please talk to your lawer as i am not too sure at this point.
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thapap
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Posted on 02-20-06 1:10
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dyamn, it is correct that you can stay in US pending adjustment of your filing provided that you are already in US. You cannot accept and PAY CHEQUE or legal form of PAYMENT for any work rendered during this period. Condition here is if your case is denied you have 2 weeks to leave the country. so it is better to be in one or the other status for your own fall back position (O:
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