immigrant4ever Posted March 18, 2019 Report Posted March 18, 2019 My STEM OPT is expiring on May 22, 2019. I have been employed throughout OPT & STEM OPT. If my H1 application for FY2020 does not get picked in the lottery which means I am not eligible for CAP-GAP extension. In that case, do I need to leave the country on or before May 22, 2019 or how long can I stay legally in the US without working to explore alternate options?
Provence Posted March 18, 2019 Report Posted March 18, 2019 If you do not have work authorization past the date mentioned, you have to leave the US. You'd certainly remember one of the conditions of your F1 visa is a return to your home country once the studies and practicals are complete.
prad0211 Posted March 19, 2019 Report Posted March 19, 2019 If your H-1B petition is not selected in the lottery, you'll have 60 days from the end of your STEM OPT to either leave the country or change to a different status.
Provence Posted March 19, 2019 Report Posted March 19, 2019 1 hour ago, prad0211 said: If your H-1B petition is not selected in the lottery, you'll have 60 days from the end of your STEM OPT to either leave the country or change to a different status. Change to a different status? OP is employed and mentioned going for an H1b to gain work status. If a petition is denied and 60 days from the end of OPT, s/he has no alternative but to leave the US rather than try shady cos scenarios just to stay in the US. Presumably s/he has work authorization in their home country once school is completed.
prad0211 Posted March 19, 2019 Report Posted March 19, 2019 2 hours ago, Provence said: Change to a different status? OP is employed and mentioned going for an H1b to gain work status. If a petition is denied and 60 days from the end of OPT, s/he has no alternative but to leave the US rather than try shady cos scenarios just to stay in the US. Presumably s/he has work authorization in their home country once school is completed. If the OP is eligible, moving to a dependent status wouldn't be a shady COS scenario.
immigrant4ever Posted March 19, 2019 Author Report Posted March 19, 2019 6 hours ago, Provence said: Change to a different status? OP is employed and mentioned going for an H1b to gain work status. If a petition is denied and 60 days from the end of OPT, s/he has no alternative but to leave the US rather than try shady cos scenarios just to stay in the US. Presumably s/he has work authorization in their home country once school is completed. Thanks for Inputs Provence & Prad0211. My employer is processing ICT work permit to Canada and hopefully, it gets processed before May,22. For sure I am not going to join Day-1 CPT colleges to make my life more complicated. I am thinking to get married by the end of November of this year, my fiancee is H1B holder. Can I apply for H4 visa and travel to US now and then from Canada (we will be 160 miles away, maybe every other weekend travel)?
Provence Posted March 19, 2019 Report Posted March 19, 2019 7 hours ago, prad0211 said: If the OP is eligible, moving to a dependent status wouldn't be a shady COS scenario. No one said anything about dependent status if eligible. My point was more of a cos of the type OP alluded to above that is usually suspect and is the go-to desperation move for numerous posters on many desi-centric forums that I see regularly.
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