OPT grace period and H1 B

[champfayray]

Hi,

some facts
OPT start date:14th feb, 2010
Opt End date: 14th feb, 2011
Grace period ending on 14th april, 2011
H1 Petition filed under premium processing on 11th april, 2011 and received by california office on 12th april,2011.

Questions)
1) since my petition has been filed, can I stay till I receive the final approval or do i have to leave country on or before 14th april, 2011?
2) Under what circumstances I can stay after 14th april, 2011.

Regards

[kabkaba]

Since your status does not extend until Sep 30, you cannot stay.

[champfayray]

re

additional information, my Visa is for non profit organization (State funded university program) which is cap exempt. My LCA has already been approved.

[champfayray]

someone please reply

[kabkaba]

In that case, they can request immediate start date. There is no need to wait until Oct 1. You can wait here, although borderline illegal. If the H1 petition is approved with change of status, then you can continue to stay in the US and work for this employer.