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Just read this from a lawyer in one of the forums.

0 votes
http://www.justanswer.com/immigration-law/339y7-hello-i-m-graduate-student-f-1-visa-opt.html Here the lawyer says, i can file my H1B during the OPT grace period and can start working once I recieve my receipt. Is that right??
asked Jun 21, 2012 in H1B Visa by satyaprasanth (200 points)

2 Answers

0 votes

That is wrong.

Official : USCIS OPT FAQs
 

This is the official uscis post. Which mentions that if you file your H1 after your opt is over and in the grace period, you cannot work. However, you can stay in the US during this time.

More specifically

Q7. What if a student’s post-completion OPT has expired and the student is in a valid grace period when an H-1B cap-subject petition is filed on their behalf?  It appears that F-1 status would be extended, but would OPT also be extended? 

A7. F-1 students who have entered the 60-day grace period are not employment-authorized.  Consequently, if an H-1B cap-subject petition is filed on the behalf of a student who has entered the 60-day grace period, the student will receive the automatic cap-gap extension of his or her F-1 status, but will not become employment-authorized (since the student was not employment-authorized at the time H-1B petition was filed, there is no employment authorization to be extended). 

answered Jun 21, 2012 by vidzincargon (2,540 points)
edited Jun 23, 2012 by Kumar
0 votes

the exact answer is this

Q7. What if a student’s post-completion OPT has expired and the student is in a valid grace period when an H-1B cap-subject petition is filed on their behalf?  It appears that F-1 status would be extended, but would OPT also be extended? 

A7. F-1 students who have entered the 60-day grace period are not employment-authorized.  Consequently, if an H-1B cap-subject petition is filed on the behalf of a student who has entered the 60-day grace period, the student will receive the automatic cap-gap extension of his or her F-1 status, but will not become employment-authorized (since the student was not employment-authorized at the time H-1B petition was filed, there is no employment authorization to be extended). 

Q7. What if a student’s post-completion OPT has expired and the student is in a valid grace period when an H-1B cap-subject petition is filed on their behalf?  It appears that F-1 status would be extended, but would OPT also be extended? 

A7. F-1 students who have entered the 60-day grace period are not employment-authorized.  Consequently, if an H-1B cap-subject petition is filed on the behalf of a student who has entered the 60-day grace period, the student will receive the automatic cap-gap extension of his or her F-1 status, but will not become employment-authorized (since the student was not employment-authorized at the time H-1B petition was filed, there is no employment authorization to be extended). 

answered Jun 21, 2012 by vidzincargon (2,540 points)
thank you...

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