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newstudent
06-14-2007, 10:39 AM
My situation:
1. EAD (OPT) valid until 6/29/07.
2. H-1B approved with premium processing.

Attorneys Comment:
1. Is it true that my status expires when my EAD expires?
2. Is it true that I will not get 60 days grace period (after my EAD expires) automatically and it is up to USCIS whether they want to grant it or not (if granted they will mention about grace period in memo)?
3. Is it true that I need to leave and re-enter US in order to obtain H-1B (as I don’t have new I-94 at the bottom of my approval)?

zico123
06-14-2007, 07:55 PM
1. Is it true that my status expires when my EAD expires?
YES
2. Is it true that I will not get 60 days grace period (after my EAD expires) automatically and it is up to USCIS whether they want to grant it or not (if granted they will mention about grace period in memo)?
- Your grace period automatically starts after your EAD (OPT) expires/
3. Is it true that I need to leave and re-enter US in order to obtain H-1B (as I don’t have new I-94 at the bottom of my approval)?
- Yes. If you dont have I94 attached that means Change of Status was either not approved or lawyer did not apply for it. You will have to travel to a US consulate outside US and apply for H1B visa to reenter.