Can you stay in the US while H1-B is processing.

[LIFE'SJOURNEY 970]

Sorry, you're wrong. You shouldn't offer advice when you don't know what you're talking about.

#1 if an H-1B visa is approved before an F-1/OPT expires, the OPT automatically extends until the employer begins working on H-1B, which is usually October 1 (USCIS fiscal year) This is assuming an attorney, or other competent individual filed the H-1B petition with a request to extend the F-1 status temporarily until the H-1B becomes valid. This is normal procedure at any competent immigration law firm.

#2 There is no rule that says someone must obtain an H-1B visa from their home country. You can go to ANY U.S. consulate abroad to obtain your visa with an approved petition. It is recommended that you return home, because it is faster and easier, but not required.

If that is the case then you should have been around a month ago when this question was asked to give information. It seems as if you are a day late ad a dollar short on advise.

Now if you read your statement #2, it seems that the H1B has to leave the US to go to some consular to obtain his H-1B visa.

[sachinky 465]

Just an update. I spoke to my friend a week or so ago and it seems she has been able to convince said guy in question to leave the US before he begins to accrue overstay time. So hopefully, that's that. Thanks for your replies once again.

Edited July 27, 2011 by sachinky