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Immigration Issues/F1 to H1B outside of Grace Period



I have filed for H1B visa via premium processing under the 20,000 Master's quota. My F1 grace period will expire on August 27, 2006 and my H1B visa will not be in effect before October 1,2006.

Now, if my H1B visa gets approved, what status will I have from August 28, 2006 to October 1, 2006. In the year 2004, USCIS extended the grace period of Master's students till October 1, 2006. Is it still effective in 2006?

If the F1 grace period is not extended in 2006, I plan to get H4 stamped from Canada. I also wanted to know if my status will automatically change to H1B from H4 on October 1, 2006 or do I have to take additional measures for this.

At the moment the period from end of grace to 10/1/ is not being covered. My advice is to leave by 8/28 and come back 2 weeks later after getting h1 visa stamp to set things up for work to begin 10/1. If you go for H4 you will have to do change of status from H4 to H1 and then you may not be able to start on 10/1.



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Robert Hollander<B> Esq.</B>



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