Immigration Issues/OPT and H-1 gap

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Question
Thank you sir,
         For your very much valued advice,the final doubt i wanted to clear is,can i go for stamping in canada or mexico after h-1 is approved or i have to go to home country which one would be better choice in my case ? and is there a certain time befor which they dont start stamping h-1 for a particular year like 30 days or so ?
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The text above is a follow-up to ...

-----Question-----
Dear sir,
         Thanks for your valued advice, i just wanted to know you said i can stay here for 60 days after expiry of
my opt that is 9/13/07 even though my opt was approved after 90 days(08/13/06),is there a law or a provision where can i read this, second what about the temporary student option for a month what are flaws in that scheme.
Thanking you,
prince
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The text above is a follow-up to ...

-----Question-----
Dear sur,
        I graduated in may'06 but however my opt was processed late b usics and it got approved in augusts06 and it has start date of 13 aug 06 to 13 july 06.Will i be given 60 days grace period some of my friends told me that you can stay here for only 14 months after graduation.
and 2) To negate my opt gap i am planning to go to school for a month or two so i can get change of status from f-1 to h-1 will i have to get admission first and then my send 1-20 with application or first get H-1 approved and then enroll into school and then apply for change of status i have doubt for former they might now approve my H-1.Thanks in advance

prince
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You can sty here until 9/13 and then go home for visa issuance amd come right back. In the meantime you can file I-129 for H-1 on 4/1/07 to start 10/1/07.


Regards,

Robert
-----Answer-----
You are allowed 60 days after OPT. You can not wait to file for H-1 until near end of OPT because qouta will run out. You have to file for H-1 as soon after 4/1/07 as possible for work to begin 10/1. Once you apply for H-1 you can not then be allowed to extend student status. As I told you, you need to apply for H-1 in April. Go home before mid Septemebr and go to the consulate for H-1 stamping and then come back.

Regards,

Robert

Answer
Stamping at any country to which you are not a permanent resident or citizen is discretionary amd they can always say your country is better equipped to investigate your qualifications for the visa and tell you to go there. As long as your petition is near the validity start date or past there is no limitation on processing.

Regards,

Robert  

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