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Hi,
Candidate started on OPT, employer filed COS from F1 to H1, when H1 was in pending OPT STEM extension was applied.
When both these petitions were pending with USCIS, Candidate was laid off on Oct 5th. On Oct 29th OPT STEM extension was approved and on Oct 31st H1 approved.
At this point OPT was invalid since COS was applied and H1 unemployment 60 day grace period was not applicable since candidate never worked on H1. Candidate didn't know that H1 grace period was not applicable. Continued to stay until 60th day of unemployment and left USA on Dec 5th.
**** ** law attorney confirmed that since candidate never worked on h1 grace period is not applicable and candidate will be considered as out of status from the date of H1 approval. But if candidate can find an employer they can file H1 in cap exempt as H1 was covered in cap this year.
By the time candidate leave US it was 35 days from H1 approval. How would it effect further petition at approval or consular process or at port of entry. Any other potential problems in future.
Thanks
Candidate started on OPT, employer filed COS from F1 to H1, when H1 was in pending OPT STEM extension was applied.
When both these petitions were pending with USCIS, Candidate was laid off on Oct 5th. On Oct 29th OPT STEM extension was approved and on Oct 31st H1 approved.
At this point OPT was invalid since COS was applied and H1 unemployment 60 day grace period was not applicable since candidate never worked on H1. Candidate didn't know that H1 grace period was not applicable. Continued to stay until 60th day of unemployment and left USA on Dec 5th.
**** ** law attorney confirmed that since candidate never worked on h1 grace period is not applicable and candidate will be considered as out of status from the date of H1 approval. But if candidate can find an employer they can file H1 in cap exempt as H1 was covered in cap this year.
By the time candidate leave US it was 35 days from H1 approval. How would it effect further petition at approval or consular process or at port of entry. Any other potential problems in future.
Thanks
