Can someone apply for a cap exempt H1b in the 60 day post OPT grace period or does one have to apply the I-539 for change of status to B1/b2 in order to maintain legal status and be on pending application till H1 B is applied for.
Also in case conversion to B1/B2 needs to be done is it necessary to do it before OPT expires (reach USCIS) or can that be sent in the 60 day grace period. Is 60 day period considered as a zero status or exit period only where we cant apply for change of status ?
Any advice is highly appreciated
The one who asks all these questions is clearly confused and in dire need of a consultation with an experienced immigration attorney. I will begin by pointing out that H1b quota is filled for this year and it is the employer is the one who can file not the one on OPT grace period.
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I agree with my colleague, there are cap gap regulations that may help you.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Although Mr. Segal may have missed the fact that the questioner was talking about a cap-exempt petition, he's basically right.
Either you are confused or you are trying to play-out too many 'what if' scenarios.
This is best done in consultation with the employer's immigration attorney and not a bunch of strangers on an internet blog.
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You can file a cap exempt H1 anytime of the year. Does it give you status to stay in the country if you file after your OPT has expired? No. The visa has to be filed while you are still in OPT status for the CAP GAP regulations to apply.
After the OPT expires students are given a grace period to leave the country. You are still considered out of status if you are trying to file any type of visa during this time.
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