Legal Question in Immigration Law in Virginia

H1B still pending

Hi

My H1B application is still pending from '08. My OPT expired on August '08. I have been waiting for my OPT and now would like to enroll in college, since the H1B application is taking ages for approval. It has been about 6 months since my OPT expiration, am i still eligible to apply to enroll in college? I was told that while H1B application in pending, I am legally allowed to stay in the US.

Thanks


Asked on 2/11/09, 6:52 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: H1B still pending

If your OPT has expired along with the permitted duration of your F1 status, and your H1B visa is pending, I do not believe that you can now reenroll as a student, pending the approval of your H1B.

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Answered on 2/12/09, 12:22 am


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