Can Stay in US while waiting

[jack84]

Hello,
My OPT expire in November and I can stay until january. But I found a company that is doing my h1b visa and they plane to send it very soon. So I wanted to know if I can stay in the country after January while waiting for an answer ?

Thank you for you help.
Best Regards,

[shervin143]

You cannot. Until the H1B gets approved you will not be in H1B status. Post January you will not be in OPT as well. You need to be in a valid immigratioin status to continue to stay in the country (legally). Ask the employer to file the H1B petition in premium process (additional $1000) which will get you a decision within 15 days.