can I apply for H1B visa if I am out of status with F1 visa?
I graduated in May 06, worked with OPT which expired on July07, enrolled at a college within 60 days from end of OPT, got my I20, but it got terminated on Sept 4th 07 because I failed to register for classes.
Now I have an option to apply for H1 with either cap exempt employer (can apply now and could get H1B status in 2 weeks to a month) or with cap nonexempt employer (must wait til April 1st to apply and status begins only on Oct1st). Do I still need to enroll at a college now and get F1 reinstatement before I do any of this? Or can I skip and apply for H1B visa while I am out of status?
You can’t normally apply to adjust status when you’re currently out of status. However, that wouldn’t stop you from leaving the US and applying for the visa back home or elsewhere. Your problem now, as I see it, is if you are in the US and out of status for more than 6 months, not only can you not adjust status here, you would become ineligible to receive any sort of visa for 3 years under Section 9B1. So, if you want to preserve your eligibility you would need to leave pretty quickly or you will find yourself in a hole you can’t get out of.
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