Legal Question in Immigration Law in Minnesota

Filed for H1B while on F1

Hi,

I had F-1 status and got done with me degree and then obtained OPT. My company applied for my H1 while I was on OPT. My OPT now has expired and I am no longer working at the company since my H1B approval has not come in yet.

How many days can I stay in the USA while my H1B is pending ?

Can I go to Canada for my Permanent Residence ?

I applied for H1B last year in June, they asked for more evidence in Novermber 2004 which was sent in November. How long do I have to wait before my H1B is approved ?


Asked on 1/21/05, 12:55 am

1 Answer from Attorneys
Baoqin Wang Law Office of Baoqin Wang

Re: Filed for H1B while on F1

If your H1B petition was filed before your OPT expires, then you can legally stay in the US until your H1B is adjudicated, even though your OPT expired.

If you go to Canada, then you have to apply visa before you come back to US.

Based on the information you provided, a final decision on your H1B petition will be coming out soon.

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Answered on 1/21/05, 1:36 pm


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