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bluebus
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Posted on 09-21-06 8:13
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my H1B is not here yet (application date May 23rd). my OPT expired on August 15th. Will I go out of status if my H1B approval is not here by October 15th? can i legally stay in the country after that? i posted this on another topic but i'm hoping i get a better feedback on this. my lawyers assistant told me that as long as my application is pending, i am allowed to stay in the country. i just wanted a third (or 4th or 5th) opinion. thanks.
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bond_oo7
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Posted on 09-21-06 8:46
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You may ask y our lawyer. I heard you can stay in the country for 60 days after OPT expries... but do confirm that with your lawyer... Good Luck
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bluebus
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Posted on 09-22-06 8:49
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yes, thats what i thought as well. my lawyers assistant tells me thats not the case (read the 2nd para of my first post). i wanted a third opinion.
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Hushpuppy
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Posted on 09-22-06 9:30
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go to one of USCIS offices with your all your paperwork regarding H1B and ask them. You would get much reliabe answer from there than from your lawyer of here.
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sanjnep71
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Posted on 09-22-06 3:04
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कृपया यहाँ हेर्नु होस् तपाईं को प्रश्न को लागि : Every year the USCIS has different rules regarding this gap - OPT to H-1B. So ------------------------------------------------------------------------------------------------- Go to one of USCIS offices with your all your paperwork regarding H1B and ask them. You would get much reliabe answer from there than from your lawyer of here. ------------------------------------------------------------------------------------------------
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Goddag
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Posted on 09-26-06 1:56
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Bluebus, Technically you will be out of status if you stay over 60 days after your OPT. So your best bet will be to get another I-20, enroll in class and then wait until your H-1B is approved!
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hyperthread
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Posted on 09-26-06 7:15
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Bluebus the best for you now is to get I-20 and the only place to get that now is through some online university or KAPLAN, or I guess if you can get I-20 within 60 days (grace period and you have about 20 days ) for the next term you should be fine. >>>>> The above advice is based on the experience and what I heard , it is not intended for legal advice
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himalayandude
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Posted on 09-26-06 8:12
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Bluebus, Hyperthread is right. Just get an I-20 from Kalpan. Your lawyer assistant is right. U are always on status when something is pending with INS. When u filed for H1 what date did u put as starting date. If u have october 1st. I think u will get it by then.. but if u don't get it by 1st try to get an I-20 just to be safe. Sometime INS screw up too.
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