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I was on an F1 OPT. My employer applied for a H1B/E3/TN adjustment of status so that I could continue working after the OPT expiration. Unfortunately the I797 c
by throwitaway4421 6y ago
I was on an F1 OPT. My employer applied for a H1B/E3/TN adjustment of status so that I could continue working after the OPT expiration. Unfortunately the I797 came in after the OPT expiration date. Not only that, the approval notice came in after the 60 day post OPT grace period (and I didn't leave the US). So, I overstayed on my OPT visa, but I am currently in the US on a valid visa. Should I expect problems in the future? Am I still accruing unlawful presence due to overstaying the OPT? Or does the clock stop once I receive the I797.
- proberts 6y agoIt does not appear that you have overstayed. As long as the request to change status was filed wile you were still in F-1 status, you were authorized to remain in the US until the petition was reviewed/approved.
- throwitaway4421 6y agoI just looked this up, and found something about the H1B cap gap extension. https://internationalcenter.umich.edu/students/f1-students/cap-gap https://internationalcenter.umich.edu/students/f1-students/c... Is that what you are referring to? The reason I ask is because it seems to me that the cap gap extension only allows staying until Sept 30, not until the petition is approved (my petition was approved in november). Thanks!