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Student Visa (F1) to H1

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  • Student Visa (F1) to H1

    Hi,
    I was in student VISA (F1) and my Optional Pratical Training expired on May 20th, 2003. My employer has filed my H1 on May 7th by regular process. It may take probably 3 months at Vermont Center.

    My question is: whether it's perfectly alright as far as legal status goes. I had the information that I should have my H1 before OPT expires. But my employer has put me in his payroll and they say my status is perfectly legal.

    Please advice.

    Thanks,
    dkverma

  • #2
    Hi,
    I was in student VISA (F1) and my Optional Pratical Training expired on May 20th, 2003. My employer has filed my H1 on May 7th by regular process. It may take probably 3 months at Vermont Center.

    My question is: whether it's perfectly alright as far as legal status goes. I had the information that I should have my H1 before OPT expires. But my employer has put me in his payroll and they say my status is perfectly legal.

    Please advice.

    Thanks,
    dkverma

    Comment


    • #3
      Hi! Since you have a petition for H-1B pending, you are authorized to stay and so you should be okay. But, the problem with having a petition pending and not having being in status is that, if a petition is denied, then the time after the expiration of previous status would be counted as being out of status. And if one has to reapply or change status after denial, then that would require leaving the country and getting a visa at the consulate. But, if the H-1b is granted, then you are fine.

      Comment

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