Back to F-1 from OPT, H-1 approved, 60 day grace period??????

Question

i finished my OPT and i was back of F-1 bcuz of the delay in getting H-1 approved. At last, i got my H-1 approved and i can start working from OCT 1st 2008, my current school i-20 is going to expire on AUG 8TH 2008. Will i be in status after august 8th till OCT 1st when my H-1 STARTS.(bcuz of 60 day grace period)..or do i have to be in status till the end of september. Please help guyz...i heard 60 day grace period is only for transfering to a different school or going back to home country???

Answer 1

The 60 day grace period starts starts from when you completed your OPT and not when your I-20 expires. The I-20 becomes invalid once all of the conditions stated on it (degree, OPT etc) have been completed.

So you need to work out 60 days from the completion of your OPT or the from the completion of everything stated on your I-20.

Your actual question is another gray area of the law. However it is my evaluation that you since your H1B is approved, you are no longer in a "pending status" but yet you are still not in an H1B status until October 1st. So therefore you are still on an F1 visa until the October 1st and must leave once the 60 day grace period ends and thus you must revisit the U.S. Embassy abroad for a new visa (H1B) before you can apply for re-entry.

But if your 60 day grace period overlaps your October 1st start date, then there is obviously no need to leave since you will continue to be in-status.

However I sure if I am incorrect, someone will give you the correct interpretation; this is just mine as there is nothing clearly defined.