mavinash123 Posted March 1, 2012 Report Share Posted March 1, 2012 HI, I applied for OPT and got RFE, which I can answer before MAY 4th 2012. Now my question is, can my employer apply for H1B in April . 1) If its approved. can I stay in US till OCT 1st ? 2) If its denied, can I wait till I get my decision for OPT RFE ? Kindly give me some info on this ! Link to comment
livliv Posted March 2, 2012 Report Share Posted March 2, 2012 What is your date of graduation as per school's DSO? You have 60 days to stay in the US if OPT is denied. If Apr 1 falls within 60 days of graduation date, your employer can file H1 with change of status and you can stay in the US until Sep 30 and start working from Oct 1. However if OPT is denied before Apr 1 you must leave the US and file H1 as consular processing. Link to comment
mavinash123 Posted March 2, 2012 Author Report Share Posted March 2, 2012 What is your date of graduation as per school's DSO? You have 60 days to stay in the US if OPT is denied. If Apr 1 falls within 60 days of graduation date, your employer can file H1 with change of status and you can stay in the US until Sep 30 and start working from Oct 1. However if OPT is denied before Apr 1 you must leave the US and file H1 as consular processing. My OPT start date is Feb 13th 2012. But got RFE. 1) The time untill I replied for my OPT RFE and and get the decision from USCIS.....I can stay legally in US right ? 2) Replying for my OPT RFE and simultaneously applying to H1B doesn't interact each other applications right ? Link to comment
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