H1B Approval and stay legally

[anand_ayyangar]

Hello,

I am on L1 visa, the current project which i am working on is ending on May 30th. I am planning to file for a H1B in 2 weeks. Following are my questions -

1) If I file for H1b and get a petion number (just notice of receipt) before my last date (may 30th) can I stay in this country legally till October 1st or any decision is made?
2) what happens if my H1B application is approved in say, July, can I stay till October with this approval or do i need to leave the country and re-enter on H1b.

I am assuming my company would inform INS about my last day at my current project.

Could anyone please reply.

Thanks,
immihelp3108

[shervin143]

1) If I file for H1b and get a petion number (just notice of receipt) before my last date (may 30th) can I stay in this country legally till October 1st or any decision is made?
>>> If this a fresh H1B (Assuming that it is not a COS to and existing H1B that you hold), then your stagus will change to H1B only in the month of Oct 1st. You have to hold a different status to stay in U.S until then. If not, you have to leave the country.

2) what happens if my H1B application is approved in say, July, can I stay till October with this approval or do i need to leave the country and re-enter on H1b.
>>> You need to leave the country and re-enter when the H1B gets approved (with a valid H1b visa).

[anand_ayyangar]

Thank you for your reply.

The intention here is not to leave the country, I am even ready to convert to F1 visa (already indentified the college and admission requirements). Following are my questions -

1) Before my last date of work (may 31st) can I file for an F1 visa
Once I get my petition number, can I stay in US legally beyond may 30th? I understand that there is a risk of F1 visa getting rejected.

2)if I file for an F1 visa, and if gets rejected due to some reason (i know the process takes about 12-14 weeks after receiving the petition number), how many days do I have to leave US.

Thanks,

[shervin143]

1) Before my last date of work (may 31st) can I file for an F1 visa
Once I get my petition number, can I stay in US legally beyond may 30th? I understand that there is a risk of F1 visa getting rejected.
>>> No. Just filing F1 doesn't put you into the F1 status. You need to be admitted before May 31st to stay legally in U.S in F1 status.

2)if I file for an F1 visa, and if gets rejected due to some reason (i know the process takes about 12-14 weeks after receiving the petition number), how many days do I have to leave US.
>>> Immediately. There is no grace period after the I-94 expiration.

[anand_ayyangar]

Thanks agin for your reply.

Let me re-prase my question.

I am planning to join a college which starts its course on August 1st. If I apply for a F1, on say May 15th (I understand that it takes 8-10 days to get a petition number) and get a notice of receipt, can i stay legally beyond may 31st till i hear a decission on my F1 visa?

If it is approved, i will join the school or else I will have no way,but to leave the country. Is this correct?

[shervin143]

Ok, so what will be your status after May 31st to Auguat 1st? Like I mentioned earlier, just apply for F1 will not put you into F1 status. You cannot stay based on the receipt number. If the approval goes through without any issues, then you are good. Otherwise you will be in trouble.

Thanks agin for your reply.

Let me re-prase my question.

I am planning to join a college which starts its course on August 1st. If I apply for a F1, on say May 15th (I understand that it takes 8-10 days to get a petition number) and get a notice of receipt, can i stay legally beyond may 31st till i hear a decission on my F1 visa?

If it is approved, i will join the school or else I will have no way,but to leave the country. Is this correct?