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Thread: after H1B1 approval what next

  1. #1
    Does anyone have any experience with H1B1s? My friend who is currently here 'in status' on a F1 visa, has been offered a job, his employer applied for a H1B1 - which has now been approved for October 1st. Does he need to go out of the US to get his visa stamped in his passport, or will he be 'in status' as of the start date? What does he have to do if he needs to travel out of the US?

    thanks in advance for any responses

  2. #2
    Does anyone have any experience with H1B1s? My friend who is currently here 'in status' on a F1 visa, has been offered a job, his employer applied for a H1B1 - which has now been approved for October 1st. Does he need to go out of the US to get his visa stamped in his passport, or will he be 'in status' as of the start date? What does he have to do if he needs to travel out of the US?

    thanks in advance for any responses

  3. #3
    His status will be changed from F1 to H1 on October 1st when he began working for that company. No need to exit the country. If he needs to get out before then, he needs to reenter under his F1 status (get I-20 stamped at the Intl Office, etc).

  4. #4
    thanks marmaduk - appreciate your advice

  5. #5
    Just make sure your friend remains in F-1 status up to at least 60 days prior to October 1 if he stays in the US.

  6. #6
    thanks cedar scented, sorry for the delay in getting back to ya to thank you!

    when you say he has to remain in F-1 status, does that mean he would have to stay enrolled in classes through the summer, i'm not sure if his department runs classes all through the summer, what would happen in this case?

    or did i misunderstand you?

    thanks in advance for any replies.........

    best wishes to all..........

  7. #7
    Does the approved petition include a new I-94? Or to put it another way, did the H-1B petition request a change of status, and if so, was the change of status granted?

    If not, your friend must either leave the US, get an H-1B visa and reenter (up to 30 days before the start date - October 1 - or get the employer to file another I-129 requesting a change of status from F-1 to H-1B. The latter scenario requires that your friend remain in valid F-1 status.

    Has your friend used OPT?

    Remaining in F-1 status requires that the person is still a student (or on opt). A grace period of 60 days is given from the time opt ends or the person finishes their education.

    I suppose Summer school is a viable option if necessary.

  8. #8
    Hi Cedar Scented

    thanks so much for getting back so soon

    i'm fairly sure the petition requested a change of status - should there be a new I-94 if this is the case?

    my friend seems to think that he is 'in status' during the normal summer vacation duration of the college year, and hence is assuming that if the fall semester starts end of august, he is still ok and in status til eng of august (start of the fall semester) - i'm not 100% convinced

    any further thoughts, you seem to be very knowledgable in this area, appreciate your help

    best regards

    p.s. he's already utilized his one year OPT

  9. #9
    If the change of status was approved, one out of the two approval notices will have a new I-94 on the bottom half of the notice.

    My understanding is that a student is in status during holiday time (Summer, etc) when that student will be returning to school for the next semester/term. When a student has finished studying (will not be retruning for the next semester) and has used opt, that student has 60 days.

    I seem to remember that the last time this happened (gap in issuing H-1B's) the then INS made exceptions for students who would technically fall out of status before the start date on their approved H-1B petitions. I wonder if this approach is now being taken by CIS?

  10. #10
    In answer to my musing in the last paragraph of my previous post: it doesn't look like CIS will be as nice as INS were. Too bad.

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