Immigration Issues/OPT and H1B gap


My OPT will expire at the end of June, 2006. Since I've used part of the 2-month grace period  before the OPT started, I would only be able to stay in the U.S. till the middle of July. I've filed H1B petition, and am waiting for the
result. If it is approved, the start date of H1B will be Oct 01st. Therefore, there is a gap between July 15th to Oct 01. If I do not want to leave the U.S., what is the best solution?

I've heard that one possiblity is to change status to visitor (B2
visa). But, if the request to change to visitor status is denied, what will
happen? How will it affect my H1B (assuming my H1B is approved)? If the
request to change to visitor status is approved, will my H1B still be
effective, and can I start work from Oct 01st? Do I still have to go back to my home country to get H1B visa stamp?

Once I submit the request to change status to visitor, does it mean I
can legally stay in the U.S. till I get the notification from the USCIS?

Thank you very much! I am looking forward to your reply.

Best regards,

You can not have a change of status from F-1 to B2 at the same time you have a case pending to change from F-1 to H-1. The only solution if your H1 is not approved before the middle of july is to go back to your country and once the H-1 is approved, apply for the visa at the Embassy in September.



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Robert Hollander<B> Esq.</B>



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