Belleair Beach, FL Immigration Law Firms & Lawyers

If an F-1 student like you is in legal status and keeps studying, he or she is allowed to continue staying in the U. S. while awaiting the H-1B. I am assuming that you are talking about an H-1B cap case in which the H-1B does not become effective until at least October 1st.  In the case that I just described, having an I-20 and studying until October allows the individual to stay. Otherwise the student would have to have some other basis like a post completion OPT that extends until the time that the H-1B petition is filed (that would allow the student to enter into a cap gap extension allowing employment and stay until September 30th if the H-1B petition is selected and either pending or approved by that date) or the beginning of February (that would allow the student to stay until September 30th under the same conditions but would not allow work). Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.