You are here:

Immigration Issues/OPT expiring, reentry with H1B

Advertisement


Question
Hi Dr. Akora,

My OPT expired  on May 12th. The company I was working for until then filed my application for an H1B visa on April 3rd, yet we still haven't gotten a receipt number. Is this normal or should I be worried? I believe I can stay legal in the US until July 12th. Is that correct? This means that I'll have to leave the country then, but when can I come back in? (considering my H1B is approved) Could I stay until my visa expires? Could I come back once my visa is approved, even if in July?

Thank you in advance for your help

Roberta Albuquerque

Answer
Hi Roberta,

There is a 60-day grace period in F-1 status, so you can remain legally for 60 days beyond May 12.

There have been some delays in issuing receipt notices from the USCIS, but your company should have received it by now. Hopefully the petition was sent by some type of delivery confirmation or it can be tracked in some way. Another way to check that it was delivered is to see whether the checks for filing fees have been cashed by the USCIS.

You will need to leave the U.S. within 60 days of May 12. You will then apply for an H-1B visa at a U.S. Consulate in your home country (based on H-1B approval by the USCIS) and then enter the U.S. sometime in October. You may be able to enter the U.S. on H-1B visa up to 10 days before October 01...ask the Consulate can give you an H-1B visa effective September 21, 2006.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.