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F1 visa expired is it legal to stay in usa if you dont get h1b these year

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  • F1 visa expired is it legal to stay in usa if you dont get h1b these year

    Hi,

    I am in OPT Now which expires on MAY-18-2014. I am planning to file for H1B these year , my doubt is suppose if i dint get H1B is it legal to stay in USA because my F1 VISA expired in may-2013. Please kindly help me regarding these what should i do?

  • #2
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    • #3
      Originally posted by Irfan Sherif View Post
      Hi,

      I am in OPT Now which expires on MAY-18-2014. I am planning to file for H1B these year , my doubt is suppose if i dint get H1B is it legal to stay in USA because my F1 VISA expired in may-2013. Please kindly help me regarding these what should i do?

      You are authorized to remain in the U.S. as long as you have a valid I-20 and/or OPT EAD card. Your F-1 visa stamped in the passport only dictates your ability to enter the U.S.

      Since you have OPT until May 18, 2014, you are authorized to remain here until that date + 60 days of grace period, even if your petition is not chosen in the cap and don’t get H-1B.

      If your H-1B is chosen in the lottery, you can remain in the US as long as the h-1B petition is pending. If your H-1B is approved, you can remain in the US and continue working until your H-1B becomes active on October 1. If your H-1B is chosen but denied, then you will have to leave the U.S. within 60 days as you are given your grace period then.

      You may like to read about H1B Visa 2015 Predictions here
      Last edited by DesiOPTForumAdmin; 02-26-2014, 10:37 AM. Reason: Follow Forum posting rules. Spamming not allowed.

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      • #4
        Your message was posted as anonymous on Facebook wall- (Feb 25th)

        *Don't miss a single one of our updates, 'Get FB Notifications'
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        If you feel this community is useful, please invite your friends by
        following below steps
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        Invite your friends
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        In addition to the readers comments, You can also call attorneys for free
        advice. DesiOPT is collaborating with group of attorneys. You can contact
        them directly via email/ phone. Initial Consult is Free. Their information
        is listed on http://desiopt.com/ home page.
        we are providing direct links as well, please let us know your feedback
        after the call
        http://www.desiopt.com/index.php?show_emp=1213
        http://www.desiopt.com/index.php?show_emp=3648
        http://www.desiopt.com/index.php?show_emp=3561
        http://www.desiopt.com/index.php?show_emp=3577
        http://www.desiopt.com/index.php?show_emp=4297

        Thanks
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        • #5
          You will be given 60days of grace period after the denial and during that time, you can transfer your sevis to a new school or even take up classes in your existing school to maintain ur status. But you need stamping to come back, if you travel out of USA.

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          • #6
            F1 visa is required to enter US. If it expires, you do not have to leave US. However, if you plan to travel internationally, u'll have to renew ur visa to re-enter. You can go for OPT extension, if you are working in STEM related field. Good luck!

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            • #7
              Visa is a document u need when u enter the USA. If ur h1 is denied, u have a grace period of 60 days within which u can take admission in a university or an ESL program. If u do so, u will be legally staying in the US until the expiration date mentioned on I 20 which can renewed too.

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              • #8
                Can you keep working if you're waiting on an h1 decision even if opt expires?

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                • #9
                  Till the h1b Decision you don't need to worry. I it is accepted you are good else you have 60 days to leave the country mean while you can apply for university and get an admission and transfer your sevis to maintain status

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