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bluebus
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 an H1B/status question
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Posted on 09-21-06 8:13 PM     Reply [Subscribe]
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my H1B is not here yet (application date May 23rd). my OPT expired on August 15th. Will I go out of status if my H1B approval is not here by October 15th? can i legally stay in the country after that?

i posted this on another topic but i'm hoping i get a better feedback on this. my lawyers assistant told me that as long as my application is pending, i am allowed to stay in the country. i just wanted a third (or 4th or 5th) opinion. thanks.
 
Posted on 09-21-06 8:46 PM     Reply [Subscribe]
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You may ask y our lawyer. I heard you can stay in the country for 60 days after OPT expries...
but do confirm that with your lawyer...

Good Luck
 
Posted on 09-22-06 8:49 AM     Reply [Subscribe]
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yes, thats what i thought as well. my lawyers assistant tells me thats not the case (read the 2nd para of my first post).

i wanted a third opinion.
 
Posted on 09-22-06 9:30 AM     Reply [Subscribe]
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go to one of USCIS offices with your all your paperwork regarding H1B and ask them. You would get much reliabe answer from there than from your lawyer of here.
 
Posted on 09-22-06 3:04 PM     Reply [Subscribe]
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कृपया यहाँ हेर्नु होस् तपाईं को प्रश्न को लागि :

Every year the USCIS has different rules regarding this gap - OPT to H-1B. So

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Go to one of USCIS offices with your all your paperwork regarding H1B and ask them. You would get much reliabe answer from there than from your lawyer of here.
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Posted on 09-26-06 1:56 PM     Reply [Subscribe]
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Bluebus,
Technically you will be out of status if you stay over 60 days after your OPT. So your best bet will be to get another I-20, enroll in class and then wait until your H-1B is approved!
 
Posted on 09-26-06 7:15 PM     Reply [Subscribe]
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Bluebus the best for you now is to get I-20 and the only place to get that now is through some online university or KAPLAN, or I guess if you can get I-20 within 60 days (grace period and you have about 20 days ) for the next term you should be fine.

>>>>>The above advice is based on the experience and what I heard , it is not intended for legal advice
 
Posted on 09-26-06 8:12 PM     Reply [Subscribe]
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Bluebus, Hyperthread is right. Just get an I-20 from Kalpan. Your lawyer assistant is right. U are always on status when something is pending with INS. When u filed for H1 what date did u put as starting date. If u have october 1st. I think u will get it by then..
but if u don't get it by 1st try to get an I-20 just to be safe. Sometime INS screw up too.
 


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