F1/OPT Grace period

[sulabhv]

What is the name of your state?Mississippi

Hi,
I have completed MSEE and am on my OPT which expires on Feb-06-2005.
My questions are.

1) Is the Grace period of 60 days automatically applicable after my OPT expires or do I have to file an application to the Consulate specifically.

2)Can I apply for H1-B now(Jan/Feb) (under the latest announced 20k quotas for FY2005) or have to wait till March2005 .
I guess new H1B's wont be approved till OCT-2005(???), so even if I apply for H1B I cannot stay in US once my opt expires.?

Thanks for the help

 

[ImmigAttyLana]

The 60-day grace period is automatic and you do not have to apply for that separately. As for the newly allotted H-1B visas. those are still for the current fiscal year so if and when approved, it will be for the starting date your employer requests. However, you cannot submit that H-1B petition until after March 8, 2005.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[sulabhv]

F1/OPT grace period work authorization

STATE -MISSISSIPPI

Thanks Lana,

There is one more question.
Can I continue to work without any problems during the grace period of my OPT.

So considering the grace period my OPT is valid till April-06-2005, and If my employer applies for H1B on March08-2005 and for any reason ,in the worst case, the approval period exceeds April-06(the deadline for my OPT +grace) can I still stay in US and work(??) till approved.?

I really appreciate your help Lana

Thanks and regds
Sulabh

 

[ImmigAttyLana]

no, you cannot work after the expiration date on your opt ead.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[sulabhv]

F1/opt Grace Period

STATE:Mississippi

HI,

It would be great if somebody can reply urgently.
I graduated on Dec15-2003 and my OPT start date was Feb-6 2004.
I am told that a 14th month period is allowed to the complete the OPT
Since I received my OPT ,1 1/2 months after my graduation date ,AM I STILL ELIGIBLE FOR THE 60 DAY GRACE PERIOD TO STAY IN US AFTER MY OPT EXPIRES.

Thanks

 

[ImmigAttyLana]

You are not permitted to work during the 60 day grace period after the expiration date of the OPT. That time is to wrap things up before departing the US if you do not have another nonimmigrant visa after the OPT.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[Rockking]

question about OPT

You are not permitted to work during the 60 day grace period after the expiration date of the OPT. That time is to wrap things up before departing the US if you do not have another nonimmigrant visa after the OPT.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

Lana
Immigration Attorney
Admitted to practice in CA, AZ, IN and OH
Hi,

My question is : Can I apply for F1 visa again for taking another study program within the grace 60 day after OPT expires?

Thanks and regds,

rock

 

[nareshpatel]

OPT F1 and H1B Grace period

What is the name of your state (only U.S. law)? New York
Hello There,
I have question regarding my OPT F1 status and H1B visa.
i was graduated on 22 dec 2010 and my OPT started on 19 feb 2011.
do i am still able to grace period?
i am working right now and my employer is ready to file my H1B.
unfortunately the H1B quota for fiscal year 2012 is filled and i left behind.
now my Opt is expire on 19 feb 2011.
do i have grace period to stay ?
during grace period can i apply for H1B visa for fiscal year 2013 on april 1st.
is that good to change my states as student and then get CPT and then apply for H1B?
i really need help with this issues.
Please give me suggestion or recommendation.

Regards
Naresh

 

[ImmigAttyLana]

YOu have a 60 day grace period after your OPT expires. However, you do not need to be physically present in the US in order for a H-1B visa petition to be filed on your behalf on April 1, 2012. In fact, even if you are here to have it filed, the earliest you could start working for the petitioning employer assuming the petition is approved would be October 1, 2012 and you could not get a grace period fo that long. If you absolutely want to stay in the US through October 2012, I would suggest that you see if you can reregister for classes for the 2nd semester, thereby reactivating your F-1 status. For that you will need to contact your school.

Please let me know if you have any additional questions or will need assistance with your H-1B visa petition as I handle these types of petitions for clients nationwide on a daily basis and have quite a few people in your situation at the moment.

 

[rmymhn]

State: CA

Hello Lana,
I have a similar situation. I graduated Dec 2010 and my OPT expires on the 28th of Feb 2012. My employer wants to file my H1 in April 2012. I know I have a grace period from Feb 29th to April 28th and that I can not work during this period. What i want to know is that, if my employer files a H1 and do a premium processing in April 2012,
1)I was told that I can start working again once my H1 is approved, is this true or should I still wait until Oct 1st?
2) Since I missed the H1 quota for 2012, will I have issues for my H1 approval since am applying for it during my grace period?

I did my MBA and currently working with software used for management tasks.

Lana, it will be great if you can respond at the earliest. Thank you very much.