Out of Status
Nov 4th 2003, 8:21 pm
#1
Guest
Posts: n/a
Out of Status
Hi,
Can anyone let me know if I'm going to be out of status after the grace
period after OPT if I haven't received my H1B by then?
Also...does anybody know how soon the H1B quota for this year is expected to
run out?
Thanks
Can anyone let me know if I'm going to be out of status after the grace
period after OPT if I haven't received my H1B by then?
Also...does anybody know how soon the H1B quota for this year is expected to
run out?
Thanks
Nov 5th 2003, 12:40 am
#2
Guest
Posts: n/a
Re: Out of Status
"abhirup sarkar" <[email protected]> wrote in message
news:[email protected]...
> Can anyone let me know if I'm going to be out of status after the grace
> period after OPT if I haven't received my H1B by then?
If the H-1B petition requests a change of status, and if the requested H-1B
start date is no later than the day after the expiration of F-1 OPT plus the
60 day grace period, and if the petition is approved, then you will never
have violated status.
> Also...does anybody know how soon the H1B quota for this year is expected
to
> run out?
I thought I saw some attorney say February or March. As you may already
know, if you get a job from a university, you are not subject to the quota.
news:[email protected]...
> Can anyone let me know if I'm going to be out of status after the grace
> period after OPT if I haven't received my H1B by then?
If the H-1B petition requests a change of status, and if the requested H-1B
start date is no later than the day after the expiration of F-1 OPT plus the
60 day grace period, and if the petition is approved, then you will never
have violated status.
> Also...does anybody know how soon the H1B quota for this year is expected
to
> run out?
I thought I saw some attorney say February or March. As you may already
know, if you get a job from a university, you are not subject to the quota.
Nov 5th 2003, 8:43 am
#3
Guest
Posts: n/a
Re: Out of Status
Well, you just found one good example. A few years ago, I filed the H1B
petition AFTER the expiration date of OPT but WITHIN 60 days grace period
after the expiration date of OPT. The result was they approved the petition,
but denied change of status. The reason was my lawyer filed the petition
after the expiration date of OPT although it was still within grace period
of 60 days.
"Sylvia Ottemoeller" <[email protected]> wrote in message
news:[email protected]...
> "abhirup sarkar" <[email protected]> wrote in message
> news:[email protected]...
> > Can anyone let me know if I'm going to be out of status after the grace
> > period after OPT if I haven't received my H1B by then?
> If the H-1B petition requests a change of status, and if the requested
H-1B
> start date is no later than the day after the expiration of F-1 OPT plus
the
> 60 day grace period, and if the petition is approved, then you will never
> have violated status.
> > Also...does anybody know how soon the H1B quota for this year is
expected
> to
> > run out?
> I thought I saw some attorney say February or March. As you may already
> know, if you get a job from a university, you are not subject to the
quota.
petition AFTER the expiration date of OPT but WITHIN 60 days grace period
after the expiration date of OPT. The result was they approved the petition,
but denied change of status. The reason was my lawyer filed the petition
after the expiration date of OPT although it was still within grace period
of 60 days.
"Sylvia Ottemoeller" <[email protected]> wrote in message
news:[email protected]...
> "abhirup sarkar" <[email protected]> wrote in message
> news:[email protected]...
> > Can anyone let me know if I'm going to be out of status after the grace
> > period after OPT if I haven't received my H1B by then?
> If the H-1B petition requests a change of status, and if the requested
H-1B
> start date is no later than the day after the expiration of F-1 OPT plus
the
> 60 day grace period, and if the petition is approved, then you will never
> have violated status.
> > Also...does anybody know how soon the H1B quota for this year is
expected
> to
> > run out?
> I thought I saw some attorney say February or March. As you may already
> know, if you get a job from a university, you are not subject to the
quota.
Nov 5th 2003, 6:46 pm
#4
Guest
Posts: n/a
Re: Out of Status
"Anthony" <[email protected]> wrote in message
news:[email protected]...
> Well, you just found one good example. A few years ago, I filed the H1B
> petition AFTER the expiration date of OPT but WITHIN 60 days grace period
> after the expiration date of OPT. The result was they approved the
petition,
> but denied change of status. The reason was my lawyer filed the petition
> after the expiration date of OPT although it was still within grace period
> of 60 days.
> "Sylvia Ottemoeller" <[email protected]> wrote in message
> news:[email protected]...
> > "abhirup sarkar" <[email protected]> wrote in message
> > news:[email protected]...
> > > Can anyone let me know if I'm going to be out of status after the
grace
> > > period after OPT if I haven't received my H1B by then?
> >
> > If the H-1B petition requests a change of status, and if the requested
H-1B
> > start date is no later than the day after the expiration of F-1 OPT plus
the
> > 60 day grace period, and if the petition is approved, then you will
never
> > have violated status.
I have seen approvals of many requests to change from F-1 to H-1B, which
were filed during the F-1 OPT grace period. These are routinely approved.
However, I think there is some basis for a USCIS officer to deny the change
of status, by interpreting the grace period as time in which the only
allowable activity is preparing to leave the U.S. -- one attorney pointed
out this vulnerability to me, and I concede it.
So, I think you were unlucky, Anthony. Your lawyer could appeal the change,
but it would take so long, and there is a chance you would not prevail.
It's so much faster to leave the U.S., get an H-1B visa stamp and re-enter.
I want to clarify my answer to abhirup's question: if the petition is
approved, even if the approval occurs after the expiration of the F-1 OPT
plus grace period, he would never have violated status.
news:[email protected]...
> Well, you just found one good example. A few years ago, I filed the H1B
> petition AFTER the expiration date of OPT but WITHIN 60 days grace period
> after the expiration date of OPT. The result was they approved the
petition,
> but denied change of status. The reason was my lawyer filed the petition
> after the expiration date of OPT although it was still within grace period
> of 60 days.
> "Sylvia Ottemoeller" <[email protected]> wrote in message
> news:[email protected]...
> > "abhirup sarkar" <[email protected]> wrote in message
> > news:[email protected]...
> > > Can anyone let me know if I'm going to be out of status after the
grace
> > > period after OPT if I haven't received my H1B by then?
> >
> > If the H-1B petition requests a change of status, and if the requested
H-1B
> > start date is no later than the day after the expiration of F-1 OPT plus
the
> > 60 day grace period, and if the petition is approved, then you will
never
> > have violated status.
I have seen approvals of many requests to change from F-1 to H-1B, which
were filed during the F-1 OPT grace period. These are routinely approved.
However, I think there is some basis for a USCIS officer to deny the change
of status, by interpreting the grace period as time in which the only
allowable activity is preparing to leave the U.S. -- one attorney pointed
out this vulnerability to me, and I concede it.
So, I think you were unlucky, Anthony. Your lawyer could appeal the change,
but it would take so long, and there is a chance you would not prevail.
It's so much faster to leave the U.S., get an H-1B visa stamp and re-enter.
I want to clarify my answer to abhirup's question: if the petition is
approved, even if the approval occurs after the expiration of the F-1 OPT
plus grace period, he would never have violated status.
Nov 6th 2003, 5:07 am
#5
Guest
Posts: n/a
Re: Out of Status
> I thought I saw some attorney say February or March. As you may already
> know, if you get a job from a university, you are not subject to the
quota.
Is this true? Does this mean that it is easier if, say, a prominent state
university hires a recent graduate (F1) to perform research?
> know, if you get a job from a university, you are not subject to the
quota.
Is this true? Does this mean that it is easier if, say, a prominent state
university hires a recent graduate (F1) to perform research?
Nov 6th 2003, 9:12 am
#6
Guest
Posts: n/a
Re: Out of Status
On Thu, 06 Nov 2003 01:07:50 -0500, sachin wrote:
>> I thought I saw some attorney say February or March. As you may
>> already know, if you get a job from a university, you are not subject
>> to the
> quota.
> Is this true? Does this mean that it is easier if, say, a prominent
> state university hires a recent graduate (F1) to perform research?
Yes, universities (as well as a few other, rare, H-1B types) are generally
exempt from the quota.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
>> I thought I saw some attorney say February or March. As you may
>> already know, if you get a job from a university, you are not subject
>> to the
> quota.
> Is this true? Does this mean that it is easier if, say, a prominent
> state university hires a recent graduate (F1) to perform research?
Yes, universities (as well as a few other, rare, H-1B types) are generally
exempt from the quota.
--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.
Please support H.R. 539, H.R. 832 and S. 1510. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml
Please visit my new FAQ at http://www.kkeane.com (always under construction)
My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.
Please feel free to enjoy some of my photographs at my Web site
http://www.ingopakleppa.com ! Comments are welcome.
Nov 7th 2003, 1:06 am
#7
Guest
Posts: n/a
Re: Out of Status
"sachin" <*remove*[email protected]> wrote in message
news:[email protected]...
> > I thought I saw some attorney say February or March. As you may already
> > know, if you get a job from a university, you are not subject to the
> quota.
> Is this true? Does this mean that it is easier if, say, a prominent state
> university hires a recent graduate (F1) to perform research?
I would not use the term "easier." I would use the term "possible to
obtain, not subject to the quota."
When the quota (65,000 total for the fiscal year 2003-2004) is reached for
most employers, the next start date available for H-1B petitions will be
10/01/2004. Premium processing will probably shut down a few weeks before
the anticipated reaching of the quota.
Even after the quota has been reached, a certain subset of employers will be
able to continue to get H-1B petitions approved for any start date, because
that subset is not subject to the quota. This subset includes institutions
of higher education, nonprofit research entities affiliated or related to
institutions of higher education, nonprofit research organizations, and
governmental research organizations.
news:[email protected]...
> > I thought I saw some attorney say February or March. As you may already
> > know, if you get a job from a university, you are not subject to the
> quota.
> Is this true? Does this mean that it is easier if, say, a prominent state
> university hires a recent graduate (F1) to perform research?
I would not use the term "easier." I would use the term "possible to
obtain, not subject to the quota."
When the quota (65,000 total for the fiscal year 2003-2004) is reached for
most employers, the next start date available for H-1B petitions will be
10/01/2004. Premium processing will probably shut down a few weeks before
the anticipated reaching of the quota.
Even after the quota has been reached, a certain subset of employers will be
able to continue to get H-1B petitions approved for any start date, because
that subset is not subject to the quota. This subset includes institutions
of higher education, nonprofit research entities affiliated or related to
institutions of higher education, nonprofit research organizations, and
governmental research organizations.
