Please Help Urgent

[harishp100]

USCIS approved my employer's H1B petition and it starts from October 1 2013. OPT extension is valid till Dec 2013. My Student Visa expires in June 2013. I am looking to travel to Canada to get my H1B approval stamping done. Passport is valid for more than 6 months.

Q1: Can I travel to Canada in July/August (After Student Visa expires) for the H1B stamping and enter the US?

Q2: Do I have to wait for the October 1st start date?

Any help in these regards would be helpful..

Thank you

[whatshisnameb]

As your H1B validity start date is in October 2013, You will have to leave US after Student Visa expires (in June 2013).

To answer your questions:

Q1: Can I travel to Canada in July/August (After Student Visa expires) for the H1B stamping and enter the US?

No. If the stamping does happen in Canada, you can enter US only after October 1.

Q2: Do I have to wait for the October 1st start date?

You cannot remain in US after your Student Visa expires.

Also, I would recommend that you think about getting a renewed passport. As per Indian Consulate, you can renew you passport if it is going to expire in next 1 year.

[pontevecchio]

Please do not mislead the OP.

1. Assuming the H1 is approved with COS from F1 as it would seem you would need the H1 visa only if you travel after October,1. You do not need a H1 visa stamp to work in H1 status. Even if one were to get a H1 visa stamp one can only enter up to 10 days before the start date. In your case I would hold off getting the H1 visa for the time being.

2. The student visa expiry has no relevance or no connection to the ability of the OP to stay in F1 status based on his D/S I94 and continuing F1 status till October,1 when the H1 will kick in.

[wiweq]

As your H1B validity start date is in October 2013, You will have to leave US after Student Visa expires (in June 2013).

This is wrong info. OP doesn't need to leave the USA after expiry of F1 visa. The validity of F1 status is defined by expiry of I20 not the visa.

Assuming that H1b was approved with COS, OP can stay in USA and H1b will kick in from Oct 1st.

[whatshisnameb]

I apologize for the misleading information.

[sam1586]

I'm in same situation. From above conversation I understand, I can go for H1 Visa stamping after October 1st. Please correct me If my understanding is wrong?

Thanks

Sam

[rahul412]

I'm in same situation. From above conversation I understand, I can go for H1 Visa stamping after October 1st. Please correct me If my understanding is wrong?

Thanks

Sam

Yes you can. In fact all COS( to H1) candidates does that.