If I’m waiting for an H1 visa reply, am I legal in the US or not while I’m waiting for a response?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’m waiting for an H1 visa reply, am I legal in the US or not while I’m waiting for a response?
My H1 visa case is in process so my school extended my visa which finished.
Asked on September 12, 2011 under Immigration Law, Florida
Answers:
SB, Member, California / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Typically, what happens in the situations you describe, where you are a student and an employer files a H-1B visa petition on your behalf is that, as long as the H-1B visa petition is filed while you are in valid F-1 status, you are fine until the H-1B is approved and becomes active. Your status would automatically change from F-1 to H-1B, if a change of status was requested, on October 1, 2011, which is the first possible validity date for the H-1B or a later date, when the H-1B petition is actually approved.
I'm not sure what you mean by saying that the school extended your visa since schools don't do that, they provide a means for you to be able to extend your status in the US. Provided the school extended your ability to maintain student visa status, then you are in lawful status as long as you comply with the conditions of that status and, again, if and when the H-1B visa petition is approved, your status would change from F-1 to H-1B.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.