Posted by: PallaGhareAntare September 19, 2007
H1-B & OPT : Things I Know
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Hey guys, It’s good to know that you’re finding it helpful. STUPIDA, If your OPT expires on 01/23/2009, you have 60 day Grace period after that. So you’ll be in status until 03/22/2009. Your advisor is right that you can wait to join Summer class but you need to get your new I-20 within your grace period i.e within 03/22/09, the sooner the better. It doesn’t matter when your class starts but you’ve got to get your I-20 within your grace period. The regulation actually says that your new classes should start within 5 months after your OPT expires if you choose to join school again. So if you get a new I-20 for summer classes during your Grace period, you are good. Fall won’t work as it’ll be more than 5 months. Also, your previous OPT and it’s Grace period automatically expires and your new F1 comes into effect from the day you get your new I-20. This means you are a new student in valid F1 status and do not need to go out of US. So now, though you cannot work, your company can file your H1 in April 2009 including your NEW I-20. You’ll continue as a student in summer until the end of September and switch to H1 starting 10/01/09. As you need to be in status until Oct 1, you need to enroll for your fall semester also and fulfill all the requirements of a full time student. Your’s is a very good example of covering the gap. Just make sure that you get your new I-20 as soon as possible after your OPT ends so that your company can prepare your H1 petition before April 1. You should be good if you get your new I-20 by the end of February 2009, as that’ll give your company at least a month to prepare.
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