gap between I20 expiry and H1B start date

[kshitiz]

Hello,

 

I am still in college and my I20 expires May 31. One of the employers is filing my H1B visa.

 

A hypothetical question - What if by Mid May i know that my work visa has been approved (and i can start working on Oct 1), but my I20 expires May31. Between May 31 and October 1, can i stay in US?

 

I know that another option is to get I-20 extended and enroll in college again for fall semester, but i am trying to avoid that, as it will cost me about $8000 college fees.

 

I was wondering if i can sit idle in USA legally, between May 31 and Oct 1 with an expired I-20.

 

Thank you.

[jairichi]

Hello,

 

I am still in college and my I20 expires May 31. One of the employers is filing my H1B visa.

 

A hypothetical question - What if by Mid May i know that my work visa has been approved (and i can start working on Oct 1), but my I20 expires May31. Between May 31 and October 1, can i stay in US?

 

I know that another option is to get I-20 extended and enroll in college again for fall semester, but i am trying to avoid that, as it will cost me about $8000 college fees.

 

I was wondering if i can sit idle in USA legally, between May 31 and Oct 1 with an expired I-20.

 

Thank you.

Better option is go to home country, enjoy the vacation and return with a H1B visa.

[rahul412]

Are you in OPT or still going to school??

[pontevecchio]

Why have you not heard of cap-gap?

[t75]

Are you eligible for OPT?

[kshitiz]

Ok, maybe i did a poor job of describing the situation.

 

1) I am a student, enrolled in doctorate program.

2) My I-20 expires on May 31 and my visa expires August 30, this year

3) An employer has agreed to file H1B visa for me this year (based on my previous masters degree) and wait till October 1 for me to start.

 

There is no OPT or CPT involved here. 

 

I KNOW the optimum routes are - get I20 extended and enroll again for 9 credit hours in August, thereby maintaining full time student status until Oct 1, OR go back to India, come back with H1B stamp after october 1.

 

BUT i am not asking for possible solutions to my problem. If anything, there is no serious problem here. I am just seeking a yes or no answer on a third (and worst case) scenario, where my college doesn't extend my I20, but my work visa is approved. My question is, can i stay in US from May 31 (when my I 20 expires) till October 1 (when my work visa kicks in).

[rahul412]

Did you finished your Doctorate program or not??

[kshitiz]

rahul412- No, I haven't finished it. Which is why I said there is no OPT or CPT involved. I am a full time student moving directly to H1B visa.

I have described the scenario, and I am seeking a yes or no answer on its legality.

I will repeat again -

I am a student enrolled into a doctorate program (not graduating). My I 20 expires on May 31 and, let's assume, my work visa this year is approved (am employer is filing it). Can I legally stay in US from May 31 till Oct 1 with expired I20?

[jairichi]

rahul412- No, I haven't finished it. Which is why I said there is no OPT or CPT involved. I am a full time student moving directly to H1B visa.

I have described the scenario, and I am seeking a yes or no answer on its legality.

I will repeat again -

I am a student enrolled into a doctorate program (not graduating). My I 20 expires on May 31 and, let's assume, my work visa this year is approved (am employer is filing it). Can I legally stay in US from May 31 till Oct 1 with expired I20?

You cannot. Cap-gap applies only if you finish the program.

[rahul412]

I am a student enrolled into a doctorate program (not graduating). My I 20 expires on May 31 and, let's assume, my work visa this year is approved (am employer is filing it). Can I legally stay in US from May 31 till Oct 1 with expired I20?

No.

[kshitiz]

I was getting mixed responses for my query, so I decided to go to am immigration lawyer and ask the question. Answer is YES. I can stay and my visa status would be F1 until Oct 1

He showed me the clause and everything. If work visa is filed and approved before the grace period after F1 visa expires, your F1 status is automatically extended until Oct 1.

It doesn't refer to OPT in specific. It refers to F1 visa status in general. So even in my case, it is applicable, even though I am not graduating.

until May 31 I am on F1, and before the grace period ends (60 days after I20 expiration date), my work visa will be approved (I hope). Then my F1 status is automatically extended until Oct1.

So the answers I received on this forum were wrong. Nevertheless, I appreciate quick responses from everyone. I thought I would share this info with everyone.

[pontevecchio]

I repeat. Why have you not heard of cap gap?  That says it all.

[rahul412]

So the answers I received on this forum were wrong. Nevertheless, I appreciate quick responses from everyone. I thought I would share this info with everyone.

Sorry, I was wrong here. 

Yes, you are eligible for CAP-GAP. I was just posting this replies keeping OPT in my mind. CAP GAP is applicable for F1 status not just for OPT students.

[jairichi]

I was getting mixed responses for my query, so I decided to go to am immigration lawyer and ask the question. Answer is YES. I can stay and my visa status would be F1 until Oct 1

He showed me the clause and everything. If work visa is filed and approved before the grace period after F1 visa expires, your F1 status is automatically extended until Oct 1.

It doesn't refer to OPT in specific. It refers to F1 visa status in general. So even in my case, it is applicable, even though I am not graduating.

until May 31 I am on F1, and before the grace period ends (60 days after I20 expiration date), my work visa will be approved (I hope). Then my F1 status is automatically extended until Oct1.

So the answers I received on this forum were wrong. Nevertheless, I appreciate quick responses from everyone. I thought I would share this info with everyone.

My apologies for wrong information provided. Thanks for updating your attorney's response.