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Immigration Issues/OPT grace period and H-1B

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Question
To Ajay K Arora,

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

Dennis

Answer
Hi Dennis,

Since October 01, 2007 will not be within the 60-day grace period, you are required to leave the U.S. within 60 days of 7/19/07.

I recommend that you urge your employer to file the H-1B petition with the USCIS in April, 2007 to ensure that you are within the visa cap. After you leave the U.S. within the 60-day grace period, you can apply for the H-1B visa at a U.S. Consulate in your home country, although you also have the option of applying for the visa at any U.S. Consulate in Canada or Mexico.

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

Immigration Issues

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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.

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