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OPT expiring before H1B active

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  • OPT expiring before H1B active

    Hi all,

    I have H1B(i797C) approval through consular processing. Now my OPT stem is expiring on June 18th. I have applied for change of status to activate my H1B.
    Still my check is not deducted and didn't get receipt from USCIS.

    My H1B is valid till end of 2012. What should I do if I didn't get receipt from USCIS before June 18th?

    Please advise me.

    Thanks

  • #2
    Leave the country, get the H1B stamped in your passport and return back in H1B visa and start working for the H1B sponsor.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thank you for your quick response ..

      We have UPS confirmation that USCIS received the package. But don't have any receipt from USCIS.

      Is this helps?

      Comment


      • #4
        You need to be in a valid status from June 19th until you get the approval. It usually takes 10 - 12 days to get the receipt number. It is advisable that you upgrade the case to premium. You will get the receipt number by email for cases that are filed under priemum and will get the result within 15 days of the receipt date. UPS/USPS confirmation doesn't mean anything.
        Not a legal advice. Use of this information is strictly at your own risk.

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        • #5
          hey.. today my check got deducted

          Is that enough or I need official document or receipt from USCIS?

          I should apply for premium processing only after I got receipt right?

          Ones again thanks a lot for your prompt reply.

          Comment


          • #6
            You should be receiving your receipt number soon. Yes, you will need the receipt number to upgrade to premium.

            Originally posted by lifenspring View Post
            hey.. today my check got deducted

            Is that enough or I need official document or receipt from USCIS?

            I should apply for premium processing only after I got receipt right?

            Ones again thanks a lot for your prompt reply.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              You will need to show this receipt to your school's DSO and get cap-gap extension until Oct 1.
              This is my opinion and not legal advice.

              Comment


              • #8
                Thank you guys.

                shervin143 : So even if I get the receipt after my OPT expiry date, I should be okay right, coz my check got deducted ? I'll apply for premium after I receive my receipt.

                kabkaba: Mine is I797C (Approved from consular processing) so my school said I'm not eligible for CAP gap.
                My employer is saying I should be okay, if my check gets deducted by USCIS before my OPT expires.

                Comment


                • #9
                  You certainly have 60 days to stay in the US after OPT, but I am not sure if you are allowed to work in this period.
                  This is my opinion and not legal advice.

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