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I am currently on OPT and it will end on June 30 2007. If an employer files for the H-1B Visa for me on or after 4/1/07, can I still stay legally in the US until 10/1/07 when my H-1B visa starts? PDF Print E-mail

Q: I am currently on OPT and it will end on June 30 2007. If an employer files for the H-1B Visa for me on or after 4/1/07, can I still stay legally in the US until 10/1/07 when my H-1B visa starts? 

A: If your OPT expires ON or AFTER 8/1/07, you will be issued a change of status and an I-94. This means you will NOT be required to leave the US for Consular Processing. This is because you are allowed 60 days after your OPT expires to remain in status in the US.

If your OPT expires BEFORE 8/1/07, your H-1B petition will be approved, but your change of status will NOT be approved. You will be required to leave the US and attend an American Consulate for H-1B Stamping before returning to the US to start work on 10/1/07.

To avoid leaving the US, you must somehow maintain legal status. A possible solution is to re-enroll in school from the time your OPT or grace period expires until 10/01/07.
 

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