I am in USA already. If my H1B is approved on Sept 01, Can I stay legally until Oct 01(effective data of H1) ? If not how can I cover this gap?
2006-06-29 07:14:58 · 12 answers · asked by Sam 2 in Politics & Government ➔ Immigration
Hi dognhorsemom,
Yes my I-94 says D/S.
I have finished my Masters May 2005 and had OPT till Jun 2006.
My employer is ready to apply for H1 but as the H1 effective date is 1st Oct so to cover this gap I got
admission in another school and I have valid I-20.
But now my confusion is , H1 quota is getting filled so I want to apply as soon as possible. Sippose I get H1 approval on
1st Sept then Can I won't be on F1 anymore after that. So can I stay in USA till 1st Oct legally?
2006-06-29 08:26:22 · update #1
Your I-94 card and I-20 form probably say D/S on them, written by the DHS officer when you arrived in the US. That means you can stay for Duration of Status - as long as you are a full-time student. If you have finished your studies, are not doing OPT, or have quit school, you are out of status. You need to talk with the international student advisor at your school, and believe what he or she tells you this time.
ADDED:
You can stay up to 30 days after your studies are finished. So if you are sure your H1 will be available October 1, you can wind up your schooling by Labor Day or so.
2006-06-29 07:35:09 · answer #1 · answered by dognhorsemom 7 · 0⤊ 0⤋
You need to check with INS. Has your F1 expired? Do they know you are already here? What are you going to do if they don't approve your H1B? ...but I suspect that's the reason you're asking in this forum, because your status right now is "illegal". Perhaps you can contact an immigration attorney and get some free legal advice. If you were here legally, I'm sure you wouldn't be so hesitant to call INS and ask. You've applied for an H1B visa, so you are familiar with how to access the INS already!
2006-06-29 07:24:06 · answer #2 · answered by dulcern4u 3 · 0⤊ 0⤋
Yes. The law was changed to allow people w/ pending H1 petitions to stay in the country until the petition is approved/denied since the cost of travel to your home country while a petition is being considered, would be detrimental in many cases.
So, if your application was submitted before the FI grace period was over you are probably alright. USCIS may need to determine how you have been supporting yourself while your petition is being reviewed.....just to make sure you are not yet working.
2006-06-29 09:15:35 · answer #3 · answered by boston857 5 · 0⤊ 0⤋
The best way to get that question answered and not have any problems in the long run is to contact 1800-375-5283, USCIS and explain your situation and they will give you the best answer. If you would like you can contact www.emichoice.com and someone will contact them for you and get your answer. Sometimes they have conflicting answers even at the USCIS, especailly if you are not talking to an immigration officer. You can request to speak to one. Oh and by the way to skip the annoying mail box Press 144312 and you will be sent to a live person. Good Luck. I hope I was helpful.
2006-07-05 07:21:15 · answer #4 · answered by ? 5 · 0⤊ 0⤋
What i'd say is get H1B inspite of in case you at the instantaneous are unlikely to the interest. With H1B also you pass to college by operating section time. you would possibly want to be understanding H1B lottary and different themes. desirable way is stick to for H1 in April. notwithstanding it is going to likely be valid from October a million. Please be conscious you want F1 from Feb to October no longer Feb to April.
2016-11-29 23:55:56 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Contact the INS,& I'm so glad to hear that you're trying to become a LEGAL citizen.I understand this is a frustrating process and you are to be commended for trying to handle it the proper way!!!GOOD LUCK!
2006-07-06 17:03:09 · answer #6 · answered by Andrea H 2 · 0⤊ 0⤋
the best thing is to contact your school or USCIS, I would say yes you can stay because you have i think 60days to leave after your your schooling, but if your H1 is already approved, maybe you can stay since they already know you are approved.... I dunno really.... call USCIS just so you don't get the wrong info....
2006-07-07 03:37:14 · answer #7 · answered by crazydeb16 5 · 0⤊ 0⤋
need to get a pl3
then go to the po
to get lop
2006-07-13 02:19:35 · answer #8 · answered by Anonymous · 0⤊ 0⤋
go back home if not u are just like all mexicans scumbags leeches
2006-06-29 07:21:31 · answer #9 · answered by Anonymous · 0⤊ 0⤋
why would you leave? don't you know illegal means nothing in this country. bring your brother, mother, sister and have a baby while your at it. welcome to America
2006-07-10 15:17:16 · answer #10 · answered by poodie 3 · 0⤊ 0⤋