OPT issues
Dec 19th 2002, 5:42 pm
#1
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Joined: Dec 2002
Posts: 1
OPT issues
My OPT will be expiring in 2 weeks. A company has just agreed to sponsor my H1. But it will take some days to start the process. I have two questions.
1. Is it legal enough that the company applies for H1 before OPT expires, even though the process will take time and I will be out of status by then?
2. People have told me that I can stay in the country for a period of 60 days after OPT expires. Is this true? then can I stay and wait in US while I wait for my H1.?
Any advice or insight will be greatly appreciated.
1. Is it legal enough that the company applies for H1 before OPT expires, even though the process will take time and I will be out of status by then?
2. People have told me that I can stay in the country for a period of 60 days after OPT expires. Is this true? then can I stay and wait in US while I wait for my H1.?
Any advice or insight will be greatly appreciated.
Dec 20th 2002, 8:44 am
#2
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Re: OPT issues
On Thu, 19 Dec 2002 18:42:52 +0000, raks1315 wrote:
>
> My OPT will be expiring in 2 weeks. A company has just agreed to sponsor
> my H1. But it will take some days to start the process. I have two
> questions.
> 1. Is it legal enough that the company applies for H1 before OPT
> expires, even though the process will take time and I will be out of
> status by then?
Yes. As long as the H-1 is filed on time, you will be considered in status
after your OPT expires. You can't work until the H-1B is approved, though.
> 2. People have told me that I can stay in the country for a period of 60
> days after OPT expires. Is this true? then can I stay and wait in US
> while I wait for my H1.?
These 60 days would apply if you planned to leave the US. With an H-1B
pending, the limit is actually 120 days, and even after that, you don't
necessarily have to leave.
>
> My OPT will be expiring in 2 weeks. A company has just agreed to sponsor
> my H1. But it will take some days to start the process. I have two
> questions.
> 1. Is it legal enough that the company applies for H1 before OPT
> expires, even though the process will take time and I will be out of
> status by then?
Yes. As long as the H-1 is filed on time, you will be considered in status
after your OPT expires. You can't work until the H-1B is approved, though.
> 2. People have told me that I can stay in the country for a period of 60
> days after OPT expires. Is this true? then can I stay and wait in US
> while I wait for my H1.?
These 60 days would apply if you planned to leave the US. With an H-1B
pending, the limit is actually 120 days, and even after that, you don't
necessarily have to leave.
