Hi everyone,

I applied for H1B for FY 2008 quota. I recently received a 'REF
notice' from California Service Center.

It says:

"According to the record, your OPT expires on June 16, 2007 and your
requested H1B start date is October 1, 2007. The gap between this
status change exceeds the 60 day grace period allowed for students.
Submit evidence establishing that you are or will be in valid
non immigrant status for the time period in question.

If you are unable to meet this requirement, your petition will be
forwarded to a consulate of your choice for consular processing."

I have already got a new I-20 two days ago from one university to be in status for the Fall semester. I have enrolled in a school in my SEVIS record now. So now what do I need to send it to them to show my valid status in this gap. Anyone who are in the same situation or know anything please suggest.

My company was talking about the Business Visa for this time.

Sbpa0,

If your school starts on August 16 or earlier then you are fine. Because that gives u the 60 days grace period but if it doesn't then you may have to go back home, wait until September end and then come back to work with H-1b stampped in Kathmandu.
I had the same situation but what I did was I enrolled for the late summer session(the school had two sessions). So, by the time the summer session was ended, I had 60 days till October.
It would have been nice to elaborate if you had given us the exact date of your class startig for Fall session. BUT, in my opinion, if it's a week or two here and there, you should be ok. Again this is all my opnion. Please do more re-search.

Talk to the lawyer about this. I think you need a letter from your School International advisor that you were always in status before and never out of status. International advisor can help you in this case. It is all up to advisor and Immigration Office.

Hello Explorer,

My Opt expired on June 16th. I have a 60 days grace period till August 16th. I issued a new I-20 last week for Fall semester in my grace period. I-20 was issued on July 31st. In my I-20 it says student is expected to report to the school no later than 9/4/07.
So just because I have a new I-20 for Fall ( issued between June 16th - Oct 1st) and in my SEVIS record I am in F-1 in 7/31/07 will this not help me to show my legal status in between my OPT expiration date and my H1B start date.

OPT expired on 6-16-07
I-20 issued on 7-31-07
School starts from 9-4-07

Let me know what you think. Appreciate your help.

Send the copy of your I-20. You should be fine. BTW I did the same when I was in situation like yours.

Similar help please, I will be in the same situation next year, more than 2 months gap. I haven't recieved my diploma yet. I am submitting thesis in August and going to be August garduate.I haven't started to work under OPT too.

In this condition, Does anyone have idea if I can appeal for the amendment in my 'OPT' status on this ground, through the school or with directly to USCIS?

I would really appreciate if anyone has some idea - please help.

Thanks, Last edited: 04-Aug-07 02:53 PM