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avrakadavra

Graduate Coursework completion before April 1st - Grace Period?

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I would like my employer to petition me for H1B next April, because my coursework toward the degree will have been completed on March 31st, but my ceremony won't happen until May 18th. I know it is possible for the employer to petition me this April, in that case. My concern is, when my school writes the affidavit that I have completed my coursework by April 1st, does that mean my 60-day Grace Period begins to run April 1st? Or will it still only begin May 18th when my ceremony is? 

Any info is appreciated.

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The ceremony does not matter. You should look for the graduation dates. They should appear on a system online through which you see your grades, you click when you are going to graduate, etc. The graduation date is usually before the ceremony. The date varies by university. 

 

You need to go to your international advisor and make inquiries. They have to generate a new i-20 saying you graduated. Your time starts running from that date. You might be able to get that new i-20 already.

 

Aren't you getting the OPT? H1B visas for companies are by lottery so if you do not get it, you need to have the OPT and you'll get another chance at the H1B lottery in October (if visas do not run out before that). 

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1 minute ago, Coco8 said:

The ceremony does not matter. You should look for the graduation dates. They should appear on a system online through which you see your grades, you click when you are going to graduate, etc. The graduation date is usually before the ceremony. The date varies by university. 

 

You need to go to your international advisor and make inquiries. They have to generate a new i-20 saying you graduated. Your time starts running from that date. You might be able to get that new i-20 already.

 

Aren't you getting the OPT? H1B visas for companies are by lottery so if you do not get it, you need to have the OPT and you'll get another chance at the H1B lottery in October (if visas do not run out before that). 

Thank you so much for your reply! Yes, indeed, I confirmed with the school that the F-1 end date at the International Office is recorded as May 18th, the date of the ceremony. My concern is that USCIS will re-interpret my F-1 end date because my school is going to issue that affidavit saying that my coursework was completed on April 1st (which will be the case). 

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1 minute ago, avrakadavra said:

Thank you so much for your reply! Yes, indeed, I confirmed with the school that the F-1 end date at the International Office is recorded as May 18th, the date of the ceremony. My concern is that USCIS will re-interpret my F-1 end date because my school is going to issue that affidavit saying that my coursework was completed on April 1st (which will be the case). 

I think it might be OK because your i-20 will have your graduation date and you will have the letter from them saying you completed coursework and are graduating. The only issue is if the H1B is ready but you are not allowed to work because you haven't graduated yet. I don't know how that would work.

 

When I did it, they told me they could have my i-20 end before the graduation date. I actually selected the (future) date according to when I was going to need the OPT card and it was like a few weeks before the graduation date. They can easily generate i-20 that from an online system. The only issue is that your time starts running out sooner.

 

You should apply for OPT too. 

 

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8 minutes ago, Coco8 said:

I think it might be OK because your i-20 will have your graduation date and you will have the letter from them saying you completed coursework and are graduating. The only issue is if the H1B is ready but you are not allowed to work because you haven't graduated yet. I don't know how that would work.

 

When I did it, they told me they could have my i-20 end before the graduation date. I actually selected the (future) date according to when I was going to need the OPT card and it was like a few weeks before the graduation date. They can easily generate i-20 that from an online system. The only issue is that your time starts running out sooner.

 

You should apply for OPT too. 

 

Thank you very much! Yes, I will be applying for OPT, kind of as a "fail safe" if I do not get selected for H1B. I appreciate your help.

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