2. If your pending H1 will be approved using FY2004 cap (that is, requested start date before OPT expires and approved start date before Sept,2004), you can wait legally. If you will be using 2005 cap, you can't wait in US after OPT+60 days. USCIS has no authority to rule that F, J can wait for FY2005 like INS did several years ago. It's another former INS arm--BICE(Bureau of Immigration and Customs Enforcement) that has such authority but BICE is not making any rule yet.
回复:急问:OPT延期将满,H1正等待
1. If you stop working, get a new I-20 and will enroll in that school in 4 to 5 months, you are eligible to file reinstatement back to F-1.
2. If your pending H1 will be approved using FY2004 cap (that is, requested start date before OPT expires and approved start date before Sept,2004), you can wait legally. If you will be using 2005 cap, you can't wait in US after OPT+60 days. USCIS has no authority to rule that F, J can wait for FY2005 like INS did several years ago. It's another former INS arm--BICE(Bureau of Immigration and Customs Enforcement) that has such authority but BICE is not making any rule yet.
2. If your pending H1 will be approved using FY2004 cap (that is, requested start date before OPT expires and approved start date before Sept,2004), you can wait legally. If you will be using 2005 cap, you can't wait in US after OPT+60 days. USCIS has no authority to rule that F, J can wait for FY2005 like INS did several years ago. It's another former INS arm--BICE(Bureau of Immigration and Customs Enforcement) that has such authority but BICE is not making any rule yet.
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回复:回复:急问:OPT延期将满,H1正等待
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03/09/2004 postreply
15:59:52