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i am currently in F1 Visa with CPT programme. My F1 visa stamp on my passport already expired back in 2009 and my I 20 will expire by Aug 31/2012. But I have approved H1b I797A with my current employer with i 94 for valid from Oct 1/2012 to Sep/2015. As CPT student I have 60 days grace period to prepare to leave US. Is it mandatory that I leave US for H1B stamping or could I stay here and change status here?
Hello,my name is Judith. Thank you for this opportunity to answer your questions.
Do you have CPT or OPT?
Judith
I have a CPT, currently in school and working full time in chicago.
Yes, you must leave.CPT is not eligible for cap gap but since you are entitled to apply for COS during your 60 day grace period and you have your I-94 issued for Oct 1st because your grace period carries you through that date you do not have to leave for H1B visa stamping.If your 60 day grace period did not carry you through to Oct 1st you would have to leave for visa stamping.Judith
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i am confused with the "entitled to apply for COS". Doesn't having I-797a with I94 mean my H1B is approved with COS. Is there a separate COS application I need to do in the grace period if I intend to stay here.
The petition for the H1B that was filed asked for a COS based on the grace period as covering you between the time your I-20 expired and the time your H1B was to start.
So they applied for the COS based on the grace period before the grace period kicked in.
Boils down to what I said in my first answer. You don't have to leave to get A visa stamp. to start work.
If I answeredyour question please leave rating, if I earned a BONUS, it is appreciated.
Please feel free to ask meanother question with a new thread - if you're a subscriber, you can do so atno additional cost beyond your monthly payment. You can bookmark my profilepage here so you can come back and ask me a question anytime: http://www.justanswer.com/law/expert-askimmigrationlaw/
If you want torequest me in the future start your question "FOR JUDITH" and I will answerquickly.
The informationprovided is general in nature and should not be construed as legal advice or tocreate an attorney-client relationship. The information given by me is forinformational/research use only and you are paying me only for suchinformation. The information contained herewith is not legal advice. Byaccepting you agree you will not rely on anything I say and you will obtainappropriate legal counsel via a traditional/office consultation with anattorney licensed to practice in the jurisdiction where your legal issuearises. I strive to provide quality information, but I make no claims, promisesor guarantees about the accuracy, completeness, or adequacy of the informationcontained in or linked herein and it's associated sites. You are irrevocably waivingany right to privacy, confidentiality and attorney-client privilege concerningthe matters discussed in this public forum.
Experience: 33 yrs attorney on all nonimmigrant & immigrant visas