Immigration Issues/I want to give up my B-1 application
My OPT expired on 6/5/06. The company that I am working for now decides to transfer my status to B-1 in the States because I canít make it to the H1B this year. I got a letter from the lawyer the other day says that I will have to submit all the necessary documents by 9/16/06 in order to complete the transfer of my status. However, I would like to drop the case because the lawyer told me that I might not be able to come back if I leave the country before I file my H1B next year. So, I decide to quit my job and go back to my country. My question is when do I have to leave the country? And I am thinking to complete my master degree in the States next year. Will I have trouble coming back as a student? Will immigration see it as overstay between 6/5/06 to the time I leave (probably in the next several weeks)
Without the change of status application to B-1 you had until 8/5/06 to leave the country (60 day grace period after OPT). If you filed the change to B-1 you are ok to stay until you get a decision. If you leave before you get a decision, you should carry with you copies of the filing and receipt to prove you were legally here waiting for a decision.