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H1B Applied during OPT Grace Period

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  • H1B Applied during OPT Grace Period

    My OPT expired on 6-Nov-11 and I'm currently on my 60-day grace period.

    My employer filed a H1B petition with Start Date 4-Dec-11, during the grace period.

    The petition was received by the USCIS in 10-Nov-11, with Notification Date 16-Nov-11. We intend to file a Premium Processing within the next 2 weeks.

    Questions:

    1) As the H1B application was received AFTER my OPT had expired, will I still be counted under the gap-cap when my grace period ends?

    2) Does this mean I can stay in the country (without working) until the H1B is approved/denied?

    3) If not, do I have to leave the country after my grace period ends?

    4) If we apply for Premium Processing and the H1B is approved before my grace period ends, I can start working right away? (Since the Start Date would have been passed anyway)

    Thanks.

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