My OPT expires at the end of Feb. 2008. I have ted an application for COS to F2 in Dec, 2007. Then I got a job offer. The company is willing to sponsor the H-1B. I will be in the 60-day grace period when I file my H-1B (masters) petition.
1. What will be my status on 04/01/2008? F2-pending? How does it affect my H-1B application?
- You have no authorized status, while in authorized stay.
http://blog.wenxuecity.com/blogview.php?date=200709&postID=16851#StatusStay
2. As of 02/15/2008, the CIS is still processing COS cases filed before 07/30/2008. So my COS to F2 gets little chance to be processed by 04/01/2008. If I use premium process and H-1B is approved in the middle of April, and after that my COS to F2 is approved, do I lose the H-1B?
- You will be in F-2 instead of H-1. In such case, you will need to apply H-1 visa at a consulate
If yes: how to deal with this? Withdraw the COS to F2 ASAP and go back home to have nice long vacation:)?
Or no: I wait until COS to F2 is processed and then file another COS to H-1B effective on 10/01/2008?
I am a little confused when H-1B really starts. 04/01, the approval date, or 10/01?
- Since you mentioned 4/1, it is assumed that you're subject to cap so your H-1 will be valid from 10/1.
1. What will be my status on 04/01/2008? F2-pending? How does it affect my H-1B application?
- You have no authorized status, while in authorized stay.
http://blog.wenxuecity.com/blogview.php?date=200709&postID=16851#StatusStay
2. As of 02/15/2008, the CIS is still processing COS cases filed before 07/30/2008. So my COS to F2 gets little chance to be processed by 04/01/2008. If I use premium process and H-1B is approved in the middle of April, and after that my COS to F2 is approved, do I lose the H-1B?
- You will be in F-2 instead of H-1. In such case, you will need to apply H-1 visa at a consulate
If yes: how to deal with this? Withdraw the COS to F2 ASAP and go back home to have nice long vacation:)?
Or no: I wait until COS to F2 is processed and then file another COS to H-1B effective on 10/01/2008?
I am a little confused when H-1B really starts. 04/01, the approval date, or 10/01?
- Since you mentioned 4/1, it is assumed that you're subject to cap so your H-1 will be valid from 10/1.