Immigration Issues/opt gap

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Question
Hi There,
I had a query about OPT gap . My opt expires July,14th of 2007 and my company is applying for my h1 this april.
As 60 days grace period i should leave the country on September 14 and come back on October 1st.
I heard that immigration passes law every year that sudents like me can stay for more if their h1 visa is already approved?
is it true?
I am from iran so if i go out , it will not be easy for me to reenter the States, so I need to find a way to stay for Sept14-October 1
any help and advisce would be great

Answer
Hi,

The USCIS will approve the H-1B petition, which will have an effective start date of October 01, 2007. The law granting students permission to remain beyond the sixty day grace period has not been passed for the previous 3 years, and therefore the extension will probably not be passed this year either. You will need to apply for the visa at a U.S. Consulate abroad since you will not be granted change of status to H-1B.

To avoid having to depart the U.S., you can file an application to change status to B-2 visitor visa at the beginning of April, and then file an H-1B petition later (make sure that you do not miss the visa cap, however). The H-1B petition can be filed prior to B-2 approval. The B-2 must be approved eventually, however, in order for you to be granted change of status to H-1B. Moreover, the B-2 must be approved prior to H-1B approval...if it is approved later, then the latest action by the USCIS will be B-2 approval and therefore you will be in B-2 status rather than H-1B.

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

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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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