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Can i apply for the H1 visa during the grace period?

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nottingham

Junior Member
What is the name of your state?Michigan

Dear Lana,

I am on OPT and it is going to expire on Feb 10th 2005. I have a MS degree form a US university. I want to apply for the H-1 visa on March 8th 2005.

Can I apply for the H-1 visa (On March 8th 2005) during the 60 days grace period without changing the status?

Do I have to change my status (go back to F1) before my OPT get expired (before Feb 10th 2005)? Or I can change my status during the grace period.

I will appreciate your reply.

Thank you.
 


ImmigAttyLana

Senior Member
You can apply for it during the grace period but it may not be approved as a change of status and may require you to go abroad to consular process for the H-1B visa.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.
 

nottingham

Junior Member
Dear Lana,

Thank you for your reply.

My summary:
OPT ends Feb 10,1005
Grace period ends April 10,2005
Wants to appy for H1 on March 8,2005.

i have one question.

If we keep the H1 visa start date as a date before the grace period expiration date then do i have to go for consular process ?

If so then what is the process for that?

Thank you
 

ImmigAttyLana

Senior Member
Possibly. THere is really no way to know for certain until there is a decision. If you have to go for consular processing, then that is exactly what it states. you have to go to your home country, make an appointment at the US COnsulate there and make an application for the H-1B visa with the consulate on the basis of the approved H-1B petitition. Once the visa is granted and is stamped into your passport, you can travel to the US and enter the US in H-1B status and start working for the sponsoring employer.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.
 

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