Re: Change of status as my F1 Visa finishes before Oct


I have question regarding the change of status from F1 to H1. Because of some reasons my OPT got Rejected so, i have joined in school for 2nd Masters and i have missed appying for H1B this year.My 2nd masters is going to finish my April2013 and i am planning to apply for H1B april next year 2013. if i get an H1B approved what would be my status till Oct2013 as H1B starts from OCT2013. More over my F1 Visa ends by AUG2013.I can extend my 2nd Masters till Sept/Oct -2013 but my F1 Visa get expires by Augs. Could you please explain what would me my status and what i have to do, to be in status Please…!!


As long as you have a valid I-20 showing your legal school enrollment. You will be on ‘F1 Status’. Your F1 Visa stamp is not an issue.

It is better to get your Masters extended until Oct 2013. (Legal F1 Status)

In addition to what Rahul said, if H-1 is applied in April then you become eligible for cap-gap. This will allow you to continue to stay until Oct 1 on F-1 even after your course gets over in Aug 2013.

It will be interesting to know why was ur OPT denied. Generally OPT is never denied unless one has not completed 1 yr of academic enrollment.
If there is any pertinent violation of “Status”, you should discuss tat with your employer before applying for H1.

Hello Saurabh,

As i said before, my F1 Visa will get expires by Aug 29th 2013, am i eligible to stay or will it be legal to stay till Oct(Start date of H1B)…? and also i heard that cap-gap is only for OPT students, is that so…?

Your F1 Visa validity has nothing to do with ‘F1 Status’. You need a valid visa stamp if you want to travel to another country and return back to US.
But as long as you are in US and maintain a legal F1 status you should be fine.