[rajraina]

My OPT is expiring on 8th of March 2007. I have an employer who intends to file my H1 Papers under Premium Processing on 1st April 2007. Presuming my H1 is approved by 1st May 2007.

1. How can I stay in status from 8th of March till October 2007 when my H1 shall be stamped?

Thanks

[vallerina]

My OPT is expiring on 8th of March 2007. I have an employer who intends to file my H1 Papers under Premium Processing on 1st April 2007. Presuming my H1 is approved by 1st May 2007.

1. How can I stay in status from 8th of March till October 2007 when my H1 shall be stamped?


It seems as though your prospective employer should be helping you with this and mindful of your status expiration dates to save you some grief. Anyway... I'm somewhat confused by your series of dates - are they typed correctly?

First, I can't remember at the moment, is there is a grace period after OPT ends before you have to leave the country? And, does having filed an H-1B petition have any effect, like you can remain in the US but cannot work until approved, etc.

Second, if they are going to pay to premium process, why are they waiting until April 1st? Why can't they do it now? You'd have an answer BEFORE your OPT ends and you could smoothly transition with no gaps.

Third, what does October 2007 have to do with your situation?

Fourth, I don't think you have to have a new visa stamp to be in status and remain here as long as the H-1B approval comes through. I think when you leave the country you would have to get the new stamp before you can come back in.

Fifth, if they submit the H petition to USCIS on April 1st with premium processing, you should certainly have your answer by May 1st since the purpose of it is to obtain a decision within 15 days. (I hope they have the sense to FedEx it for pete's sake, so they don't drag it out longer for you.)

Valleri