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H-1b visas and F-1 students



Iím a student on optional practical training. I applied for H-1B status, but my petition is subject to the cap. Can I stay in the U.S.?


INS published an interim rule in the Federal Register of June 15, 1999, that extends the duration of status for certain foreign students (F visa category) and exchange visitors (J visa category). As was the case last year, any F or J visa holder whose employer timely files an H-1B petition prior to October 1, 2000 may legally remain in the United States until INS adjudicates their petition.

If INS approves the petition they may stay in the US until October 1, 2000 when their H-1B visa becomes valid or when INS approves their petition which ever is later, if INS denies the petition their extension ends.
These individuals may not work or engage in any other activity that would be in violation of their F or J immigration status.  

Exchange visitors who are subject to the 2-year foreign residence requirement are not covered by this regulation.

March 21, 2000




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