Redington Beach, FL Immigration Law Firms & Lawyers

An attorney – client relationship presupposes confidentiality on the part of the attorney. No attorney should report an undocumented immigrant that he or she is representing or has consulted with without first having secured that individual's permission to report him or her.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.   T

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.

It all depends on the manner that he entered the US. If he entered with a visa and overstayed, then you can petition for him and he will receive his residency. If he entered the US illegally, you can still petition for him but he will have to leave the country in order to be approved and received residency. This is a risky process and there is no warranty that he will be allowed to return to the US.