sraju Posted March 19, 2019 Report Posted March 19, 2019 Hello all, I am currently on F1 Opt expiring on June 30 and this is my final year to apply for H1B. My Employer is filing for H1B this year. My husband has I 140 approved with his current H1B valid until Jan 2020. 1) Scenario 1: If my H1B gets picked up before June 30 and I receive a receipt number, can I legally stay beyond June 30 until a decision on H1B is made? 2) Scenario 2: If my H1B is not picked up by June 30, can I go to Canada for Stamping on H4 so that I can get back to US on H4 since my husband is on H1B? 3) Scenario 3: If I do not know by June 30 if my H1B was picked in the lottery, and I go to canada to get converted to H4 visa and during this time, If my H1B get's picked, does it have any impact on either H1B / H4 since I stepped out of county while H1B application is pending decision ? Kindly advise. Regards, Raj
pontevecchio Posted March 20, 2019 Report Posted March 20, 2019 You have your 60 days after OPT Completion to leave. Hence if the H1 is approved by then, come back with a H1 visa up to 10 days before October,1. If not approved return in H4 status with a H4 visa.
gopalakrishnach Posted March 20, 2019 Report Posted March 20, 2019 After OPT complete you have around 60 days to leave USA If H1B is approved and it starts by October then you need to get your visa stamped and I am not sure about exact number of days but maybe you can be in USA by 1 to 2 weeks so that you can make lodging and transportation arrangements. Please check with others. If H1B is not approved for some reason or you donot get stamped on h1B then you can come back to USA on H4 but you need to have H4 visa stamped.
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