主题：F1/OPT转J1，RFE过程中收到Tenure Tra -- 流江河

Facts: Your OPT expires on Feb 13,2014. Your current status is F1.You have an existing J1 petition but want to replace it with a new H1b petition.

Analysis

The automatic OPT-H1b Gap Extension does not apply to you because

(i)your OPT expires before April 1, 2014; and

(ii) the offered job as a teaching/researching faculty is not subject to the FY2015 H1b number cap (65000+20000).

Meaning, you may start to work only when your H1b visa becomes effective. To get a H1b visa, you need to file a petition to change from F1 to H1b when you are lawfully stayed in the U.S. After filing such petition, you may continue to stay in the U.S. lawfully while waiting for the effective date of your H1b visa. You must not work in the waiting period, during which your immigration status would be extended F1 but you have no F1 previleges to work part-time or to do OPT.

Your F1 visa allows you to stay in the U.S. for a 60-days grace period after OPT, which expires on April 14,2014.

Your existing petition to change from F1 to J1 was filed before April 14,2014. After filing J1 petition, you will be on an extended F1 status and may lawfully stay in the U.S. till the approval or rejection of J1 visa.

If you withdraw J1 petition after April 14,2014, but file no H1b petition, technically your F1 status will expire on the same of day of such withdrawal. The consequence is that you must leave the U.S. immediately.

However, if before or on the same day of withdrawing J1 petition, you have filed a H1b petition, you may continue to stay on extended F1 status till approval or rejection of H1b visa, as long as you don't work during the waiting period.

Conclusion

NEVER withdaw J1 petition before filing H1b petition, otherwise you must leave on April 14,2014 or the date of withdrawal, whichever is later.