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Re: F1 to H1 question, Please reply back! Posted on: Sat, 20 Nov 2004 00:34:44 +0000 (UTC)

h1bseeker wrote in message news:<34$267319$1829262$1100797284@britishexpats.com>...
> Hi,
> I completed my first Master's last year and I am onto my second master's
> now. Recently, I got a job and my employer filed for my H1 on July 29th,
> 2004. As of today Nov 18th, the UCIS website syays, my application is
> still pending. My question is, my semester end by Dec 10th and I am
> faring well in one of the class and I may go into probation once the
> grades are announced. If by the time my grades are announced, I haven't
> received a final word by the INS regarding my H1,
> 1.) will I be out of status??

YES. But as in my knowledge, after the graduation, you will have 10-30
days to find a job, when your stay will be "considered legally". The
exact length of this "period of grace" will depend on the immigration
law of your state.

> 2.) Can I stay legally in US(since I will be out of status from my
> Student VISA, but in status according to my H1 VISA)?


> 3.) Will my H1 be processed even if I am out of status in my student
> VISA?

I think your H1b petition notice will be filed soon or in December.
Apparently your boss did not apply for an expedite service. So you
have to wait for 4-6 months. You really should pay for the extra
$1000 even yourself at the start of the application.

I think your best bet will be to wait and see. But you really don't
get much time.

Good Luck.

David.




> Please let me know, since time is running out and NSC folks have a
> huge backlog of cases at their center!
> Thanks.
> H1bSeeker.

a