Hello Sajhabasi,

I am a MS graduate and my OPT expires on May 11,2008. I submitted all my documents to my company's immigration lawyer to file the H1b this year.

Now the lawyer is saying, she needs a I-20 that shows I will be in valid status until october 1, 2008. But I cannot get that I-20 at the moment. To remain in status after my OPT expiration, I have joined MBA in GBC and at the moment I only have the acceptance letter from that college and she is saying the acceptance letter is not enough.

To get a new I-20, I need to ask my current school to release it to the new school and only they can issue a new I-20, but I cannot do that now because if I do that I will lose my OPT, I can only do it at the end of April and again by that time the cap will be exhausted.

She says without the I-20 my case will most likely be denied.

I believe some of you must have been through this situation ... please advise.

Thank you,

I've never heard anyone asking for "future in-status" documents. You need to provide documents that prove that you've been in-status so far. In fact, if you apply for college, and get I-20, your OPT will be cancelled, and you'll be out of status. You cannot be in OPT and full-time F1 student at the same time. This is what I got from my Intl Student Advisor last year. Do consult your ISA. Ask your lawyer to provide you references where such a rule is stated.

Don't worry my fren !!!!

There are thousands of petitions with this situation every year. So USCIS know in details abt this senario. Anyway they can't deny your petition just b'coz of you didn't submit new i-20. What they can do is ask for new i-20. And by that time you can easily get a new i-20 and submit it.

 

Please tell your lawyer to file the H-1B petition for CONSULAR PROCESSING. Once approved, get the H-1B visa stamped from Nepal. Leave US before the I-20 expiry (current) or withing the 60 days grace period.
Good Luck.

Thank you 11th Dimension and Sansar, I am relieved now.

Thank you Santosh Giri, but my employer won't let me go for such a long vacation. That's the reason I joined another school that will give me the CPT work authorization right after my OPT expires.

so is there any other special category I can ask my lawyer for my H-1B petition?

Thank you All

-East Coast

Hey eastcoast do you mind sending your contact information.

I am also in same situation as yours. My opt ends on May 31st. I want to inquire about this school who gives CPT right after OPT expires.

If you can send me your contact that will be great

Thanks.

By the way i am also from east coast

I have never heard this before. So what if you are planning to go out of US after OPT expires?  I think your lawyer is BSing. USCIS doesn't care if you WILL be out of status, they only care if you ARE out of status. They don't have time to look into all different aspects to make sure you are always in status that is not their priority. However if you are not in compliance it may affect your future application. My suggestion get second opinion from another lawyer. You think these lawyers know everything, you will be surprised how little SOME of these idiots know.

Hey eastcoast do you mind sending your contact information.

I am also in same situation as yours. My opt ends on May 31st. I want to inquire about this school who gives CPT right after OPT expires.

If you can send me your contact that will be great

Thanks.

By the way i am also from east coast

Here is the Changes for 2008:

Employers should also consider that the foreign national who they intend to employ must be in lawful non-immigrant status which must be valid until October 1, 2007 which is the affectivity date of that approved H1B Visa. Should the foreign national not meet this requirement, for example a person in B-2 or Tourist visa may elect to have his/her B-2 tourist visa extended so that they may bridge the gap between the time their authorized stay (I-94) expires until October 1, 2007. If extending the B-2 tourist visa is not an option, the foreign national may then leave the U.S. and return to their home country before their authorized stay (I-94) visa expires and obtain their H1B visa at the U.S. Embassy in their home country.

Source: http://www.kateraynor.com/articles/h1b-visa-cap.html

 

Hey East Coast,

  I have same kind of situation but u don;t need to worry( In your situation your lawyer isn't familiar with this kind of situation)..

 You will file H1B petition without new I-20 that means when USCIS open your case they will have question "How's this person gonna stay in USA till OCT 1st",, then they will issue RFE (Request for Evidence), its an evidence showing that you will be staying in valid status untill Oct 1st , in our case its NEW I-20.. Once RFE is issued you can send your New I-20 (by then you must have an I-20). If you go for premium processing they will issue RFE sooner than if you don't. From my understanding , earliest they ask may be Mid may then you can send your I-20 within specified period of time. I am saying this all becoz I am in the same situation and I have consult a lawyer who's handled this kind of case before. So just take in mind that once RFE is issued then you must submit new I-20. In your case you are more than safe man, you have already applied for admission so you will be getting your I-20 soon. Tell your lawyer that you can do all this,, if she doesn't know then  tell her to study this kinda stuff in detail and don't make us panic in no reason.

All the best

Won't Admission/Acceptance letter count as an evidence for maintaing a gap?

My OPT expires on May 31st. So if i issue I-20 earlier then my OPT will expire. And again i am doing premium.

So how will that work?

Won't Admission/Acceptance letter count as an evidence for maintaining a gap?

My OPT expires on May 31st. So if i issue I-20 earlier then my OPT will expire. And again i am doing premium.

So how will that work?

EkloNepali,

I am not sure if acceptance letter works or not

if you go for premium processing then there is chance that you get RFE(Request for evidence) issued earlier and you have to submit it to USCIS in specified period ,, if you cannot submit your I-20 then it might be a little problem. In that case if your H1B petition gets approved and request for change of staus gets denied then you have to go out of States to get stamped.

One more thing, if you are going for Premium procssing then get your I-20 ready friend,, otherwise just save $ 1000.

It's your call.

Best of luck

 

I didnt read all the replies but I understood your situation. Though I am not a lawyer, I can give you clear answer to resolve. Just email me via sajha email with your phone no,  I will you tell you options that you can use.

Chill out, it is a serious problem but there are various way to solve completely.