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Immigration Issues/OPT grace period and H-1B


To David,

I am an international student and my OPT will expire on 7/19/07. Even if I can file my H-1B on april 1, my employment must start after October 1 with no exception? I believe that there is a 60-day grace period after my OPT, which would be around mid-September. Do I have to leave the country even if my H-1B is accepted?

Thank you very much


First of all, the H1 is an employer sponsored visa...not something you can apply for. Second, once your date of admission expires, you are expected to leave the US otherwise, you will be shown as an 'overstay' in the Immigration data base and potentially denied future admissions into the US.  Unless you have a valid visa and are within the term of admission, you cannot remain in the US waiting for another visa.  You can apply for an extension of stay as long as the reason relates to the visa you entered with.

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30 years Immigration law enforcement/management, criminal investigations, Homeland Security including Border Patrol operations

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