OPT expired waiting for non-CAP H1, How long can I stay?

[kaku]

Hi,

My initial post-completion OPT expired Jan 15th and I am still waiting for my Prevailing Wage Determination (PWD) from DOL (that was filed on Jan. 14th) and after which my H1B application will be premium filed. Meanwhile, my 60 day grace period after my OPT expiration is nearing (March 15). My employer insists on going back to India until they recieve my final H1-B papers. What other options do I have? I was thinking about enrolling in another academic program meanwhile. Will that SEVIS transfer conflict with my F1 to H1B filing with USCIS? Please HELP!!!

[chtummala]

you better to go back to your home country ..

i dont think you can admission now ..

[Attorney_25]

If you have not been in H-1B status previously, an H-1B petition cannot be filed until April 1, for an October 1 start date. Extending your F-1 status with a new program may be possible. Generally, extending F-1 stay does not interfere with H-1B petition, but an H-1B approval may make it more difficult to extend F-1 stay.

[kaku]

@Attorney

Hi, this is a non-CAP H1 filed by a not-for-profit higher educational institution (University Cancer Center in my case) that can be filed anytime. My only concern is if I am trying to transfer my SEVIS to a different F-1 academic institution (to keep my extended stay legal) and in the meanwhile my H1B application is being processed at USCIS, could that send a wrong message to them creating a conflict situation.

Thank you for your time!