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H1-B Filed - Legal Status to stay in the US

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  • H1-B Filed - Legal Status to stay in the US

    Hi All,
    I have a very much unique case. I am currently doing my PhD. Also I
    got a job (I took it as a backup plan) and the employer has filed for
    my H-1B (which is currently getting processed, got my receipt number). Now I am no more interested in PhD and want to join the job instead. If I
    have to discontinue I have to inform them within first week of July
    (because then there will be the qualifier exam and other
    complications). As a result the International Services Office of my univ will release me in the Cevis system (used for F-1 visa) around end of July. Also I can't start working before October 1st. Now my question is what will be the legal status of my stay in US for the months of August and September? My employer has said that once my H-1B is filed and I am already in US then I can stay legally (though can't start working before October). Another person has said that once my H-1B is processed I can stay in this country legally. I just wanted to know what the correct law is. Can I legally remain in US in the interim 2 months? Please advise me on this critical issue and thanks a lot in advance!!

  • #2
    H1 issues

    I have a very much unique case. I am currently doing my PhD. Also I
    got a job (I took it as a backup plan) and the employer has filed for
    my H-1B (which is currently getting processed, got my receipt number). Now I am no more interested in PhD and want to join the job instead. If I
    have to discontinue I have to inform them within first week of July
    (because then there will be the qualifier exam and other
    complications). As a result the International Services Office of my univ will release me in the Cevis system (used for F-1 visa) around end of July. Also I can't start working before October 1st. Now my question is what will be the legal status of my stay in US for the months of August and September? My employer has said that once my H-1B is filed and I am already in US then I can stay legally (though can't start working before October). Another person has said that once my H-1B is processed I can stay in this country legally. I just wanted to know what the correct law is. Can I legally remain in US in the interim 2 months? Please advise me on this critical issue and thanks a lot in advance!!

    ---- There are a few options that you can take and they are as follows:

    ---- Continue with your F1 and stay until it is expired. After that rely on your H1 receipt

    ---- If you have applied for H1 and received a receipt notice then you can continue to stay in US till the day it is apporved/rejected. Even then you can appeal if it is rejected and wait for the decision by a court of law

    ---- However, to be absolutely safe, sound and secure apply for a B1/B2 Visa by using for I-539 and continue your stay in US. This way nobody can question your legal status of stay in the US

    ---- Once you get your H1 approval notice with a valid I-94 you continue to stay in US

    Subramanya

    Comment


    • #3
      Thanks lot for your suggestion. I am planning to do just that. So you mean that once my H-1B is approved I can continue to stay here ? Many people have suggested that from the day my H-1B is approved till October 1st my status will be illegal. What you comment on that ? (remember I am not leaving the country during any time)
      Anyways, I think that I shall take a little bit of risk (if there at all) and stay here. Millions of Latinos and Mexicans are staying here and getting GCs eventually. If they can be fine then I can be fine too (with all my degrees from good Universities).

      Anyways, awaiting response.

      -S

      Comment


      • #4
        H1 approval

        Thanks lot for your suggestion. I am planning to do just that. So you mean that once my H-1B is approved I can continue to stay here ? Many people have suggested that from the day my H-1B is approved till October 1st my status will be illegal. What you comment on that ? (remember I am not leaving the country during any time)

        ---- Once again be on teh safer side of the law. apply for a B1/B2 and at least teh application will enable you to continue and stay within the US, even if the actual Visa approval papers are not in your hands


        Anyways, I think that I shall take a little bit of risk (if there at all) and stay here. Millions of Latinos and Mexicans are staying here and getting GCs eventually. If they can be fine then I can be fine too (with all my degrees from good Universities).

        ---- You are not to be concerned about others, look at yourself and your status and make no comparisons or even draw similarities as they lead you nowhere.

        ---- Your status might have been earned through all your academic achievements and other performances, but when it comes to being ut of status, it is you who has to take care of these matters and quoting the million others will not allow you to stay in the country

        Subramanya

        Comment


        • #5
          Originally posted by Subramanya
          Thanks lot for your suggestion. I am planning to do just that. So you mean that once my H-1B is approved I can continue to stay here ? Many people have suggested that from the day my H-1B is approved till October 1st my status will be illegal. What you comment on that ? (remember I am not leaving the country during any time)

          ---- Once again be on teh safer side of the law. apply for a B1/B2 and at least teh application will enable you to continue and stay within the US, even if the actual Visa approval papers are not in your hands


          Anyways, I think that I shall take a little bit of risk (if there at all) and stay here. Millions of Latinos and Mexicans are staying here and getting GCs eventually. If they can be fine then I can be fine too (with all my degrees from good Universities).

          ---- You are not to be concerned about others, look at yourself and your status and make no comparisons or even draw similarities as they lead you nowhere.

          ---- Your status might have been earned through all your academic achievements and other performances, but when it comes to being ut of status, it is you who has to take care of these matters and quoting the million others will not allow you to stay in the country

          Subramanya
          OK. But how to find a company who will file for my B1 visa ? And that too in all of a sudden ? I heard people enroll in some online or distant courses like Kaplan etc in these cases. Any info on that ( like some other courses other than kaplan)!!

          Comment

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