OPT 60 days grace expired, have not received approval for H1B

[angan]

Hi, I was working under OPT, and I applied for H1B on april. Right now, my 60 days grace period have just ended, but I still have not get the approval for H1B. My lawyer suggest that I wait in my home country, but many of my close associates are against it, because that means I am not here to resolve any issue should there be any. I would like to get some second opinion regarding this.....Should I just go home or what is the best solution to this?

Thank you for those who took their time reading this.

-Steve

[apshetty]

Back to school

Why dont u check the option of going to a community college and get an I20 untill your H1B is approved. I think this would be the best bet. Check with ur attorney if this is viable.

[angan]

yes i have look into that option, however it is summer quarter, and school only accept winter, spring and fall. in fact I have apply anyway and got accepted for fall. However i am not sure will it help in this situation.

[AndrewWilson]

Steve,

If you stay past the 60 days of the expiration of your EAD, you will be in the US w/o status. That is nevera good thing.

You will need to leave the US anyway because you will need to obtain a visa before starting your H-1B. It was announced that there will not be any cap gap relief measures or leniency this year, so if you filed for change of status that will not be approved. (The underlying H-1B may be approved, but the change of status most likley will not)

Immigration recently announced that they would provide no cap gap extension relief to F-1 students whose status will expire prior to October 1.

Headquarters has indicated that there will be no “cap-gap” F-1 extensions of stay this year. Students whose status expires prior to October 1 will have to depart the US and reenter as authorized by the H-1B visa.

This is disappointing news because the H-1B cap and the F-1 cap gap issue has placed many employers and many F-1 individuals in a very difficult position. Most F-1 OPT status expires during the summer, but new H-1Bs will not start until October 1. Without cap gap extension permission from immigration, many individuals will need to leave the U.S. to obtain a visa before starting H-1B employment.

Since you will need to leave to obtain a visa, and the consulate will not be happy if you stayed here w/o status, I would strongly consider leaving before the end of the 60 days.

Regards,

Andrew