Legal status in US while waiting for work permit

[sriram17293]

Hi,
I'm an Indian citizen currently in the US on F-1 OPT visa. My employment authorization expires on June 24. I have a job offer from a Canadian company and they will be applying for my work permit soon. The lawyer mentioned that I must have a legal status in the US when applying for a work permit to Canada. Since my employment authorization is expiring in June and the Canadian work permit will not be approved before then, I need to be in valid status till the work permit gets approved. I do have a 60-day grace period after OPT expiry, giving me time till Aug 23. I also have a valid B1/B2 visa. Does anyone have a recommendation on how I can stay in the US in legal status if the work permit doesn't get approved before Aug 23? Can I exit the US and re-enter on B2?

Thanks!

 

[novascotia27]

Hi,
I'm an Indian citizen currently in the US on F-1 OPT visa. My employment authorization expires on June 24. I have a job offer from a Canadian company and they will be applying for my work permit soon. The lawyer mentioned that I must have a legal status in the US when applying for a work permit to Canada. Since my employment authorization is expiring in June and the Canadian work permit will not be approved before then, I need to be in valid status till the work permit gets approved. I do have a 60-day grace period after OPT expiry, giving me time till Aug 23. I also have a valid B1/B2 visa. Does anyone have a recommendation on how I can stay in the US in legal status if the work permit doesn't get approved before Aug 23? Can I exit the US and re-enter on B2?

Thanks!

Exiting the US before your grace period ends is probably your only option given how slow Work Permit applications are being processed by IRCC. It is up to CBP officers to let you in back in the USA on a B1/B2 status. You would probably have to prove your reasons for reentering the United States on a visitor visa to await a Canadian visa decision versus you going back to India and wait there for the final decision.

 

[sriram17293]

Thanks @novascotia27. I will prepare for that. To your knowledge, approx how many weeks have recent work permit applications from US taken to approve once submitted? The processing times website still says 3 weeks, and the company lawyer estimates around 6-8 weeks.