H-1b visa grace period [merged threads]

[Crazy Cat 41,836]

24 minutes ago, Timona said:

If filling EOS & COS right when your other non-immigrant visa expires or right before it expires confers any benefit, everyone on B-2 would be doing it.

Yep.   I think Chapter 3 is extremely clear. 

[Crazy Cat 41,836]

32 minutes ago, sammyiee said:

I spoke with the lawyers on this, I would not have a "lawful status" but I will have an "authorized stay" and there's a difference between these two. Nevertheless, it comes with risks.

There is a glaring oxymoron in that statement. 

Edited September 9, 2022 by Crazy Cat

[nastra30 2,284]

3 hours ago, nastra30 said:

There was a policy change in 2021 (I think) that gives one 'authorized stay' when they apply for COS from one non-immigrant status to non-immigrant status.

https://www.uscis.gov/news/alerts/applicants-for-change-of-status-to-f-1-student-no-longer-need-to-submit-subsequent-applications-to

Found the policy.

BUT BUT (A BIG BUT) - It only applies when you are applying for COS to that of only F-1 non-immigrant status.

So unfortunetly for op, you can't bridge the gap with B-2 application. I think you are out of luck.

Edited September 9, 2022 by nastra30

[sammyiee 1]

4 minutes ago, nastra30 said:

https://www.uscis.gov/news/alerts/applicants-for-change-of-status-to-f-1-student-no-longer-need-to-submit-subsequent-applications-to

Found the policy.

BUT BUT (A BIG BUT) - It only applies when you are applying for COS to that of only F-1 non-immigrant status.

So unfortunetly for op, you can't bridge the gap with B-2 application. I think you are out of luck.

This is only specific to F1 students, here, this is a bit more general : https://www.uscis.gov/sites/default/files/document/guides/C1en.pdf

[sammyiee 1]

24 minutes ago, Crazy Cat said:

There is a glaring oxymoron in that statement. 

Yes I guess. At this point, I don't know whom to trust anymore, the lawyers or the internet.

[nastra30 2,284]

31 minutes ago, sammyiee said:

Yes I guess. At this point, I don't know whom to trust anymore, the lawyers or the internet.

Hmm, alright, so based on my Google searches there seem to be mentions that you'll have authorized stay. But I couldn’t really find a USCIS Policy that is explicit about it (including the one you shared above). Nonetheless, you already acknowledged it's risky business. Keep us informed how your case turns out in the future; we'll use your situation as a test case 😀.

[sammyiee 1]

49 minutes ago, nastra30 said:

Hmm, alright, so based on my Google searches there seem to be mentions that you'll have authorized stay. But I couldn’t really find a USCIS Policy that is explicit about it (including the one you shared above). Nonetheless, you already acknowledged it's risky business. Keep us informed how your case turns out in the future; we'll use your situation as a test case 😀.

😫

[sammyiee 1]

So I know I have posted thousand things here.... but here is the new situation... I know I am being super indecisive....but my employers called me today and said they are ready to file my H-1b today!! As i mentioned, I have already submitted I-539 which puts me in this tricky spot. I was wondering if I am able to still withdraw, go back home by tomorrow and focus on H-1b.

[SalishSea 17,819]

3 hours ago, sammyiee said:

Yes I guess. At this point, I don't know whom to trust anymore, the lawyers or the internet.

Obviously the ONLY source to trust is PUBLISHED USCIS POLICY.

[JeanneAdil 6,492]

you 60 day grace period ends tomorrow

u should leave today so u don't take any chances of an overstay by even a day (flight delays can cause this)

 

and u need to have followed the rules and guidelines for this current visa to get the new H-1b approved 

u have no extension to stay currently in the US

 

good luck

get on a plane

[sammyiee 1]

Just now, JeanneAdil said:

you 60 day grace period ends tomorrow

u should leave today so u don't take any chances of an overstay by even a day (flight delays can cause this)

 

and u need to have followed the rules and guidelines for this current visa to get the new H-1b approved 

u have no extension to stay currently in the US

 

good luck

get on a plane

Yes but I have a filed I-539, so my main concern is that right now.

[Ontarkie 14,218]

~~One duplicate thread has been removed and another merging dupe with replies. This will be your last warning. DO NOT start another thread on this topic.~~

Edited September 9, 2022 by Ontarkie

[sammyiee 1]

2 minutes ago, Ontarkie said:

~~Duplicate thread has been removed. This will be your last warning. DO NOT start another thread on this topic.~~

Sorry that was an accident

 

[Rocio0010 5,579]

51 minutes ago, sammyiee said:

Yes but I have a filed I-539, so my main concern is that right now.

Your only option at this point is to send a quick letter to withdraw I-539, with proof of delivery, fly home YESTERDAY and focus on h1-b in my opinion. 
 

[Adventine 3,196]

I really don't get why OP waited until approx. 3 days before the grace period ended to seek advice about something as important as this. I find it hard to believe that the company immigration lawyers haven't told OP what to do, in order not to jeopardize the new H1B application.

Edited September 9, 2022 by Adventine