If an individual is in F-1 status and have a practical training work permit terminated, does he has to stop working until the H1B approval comes through?

Yes. One must stop working upon the expiration of the EAD or the OPT. If an H1B petition requesting a change of status is filed prior to the expiration of the F-1 status (date of completing school or of finishing practical training, plus a 60-day grace period), one may legally remain in the U.S. However, one cannot work for the H1B-sponsoring employer during the period between the expiration of the practical training authorization and the start date on the H1B approval notice.

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T.R. Weaver has practiced law since 2003. She is licensed in Washington State, and admitted to practice law in the United States Federal Courts to assist with the representation of individuals with Immigration challenges. She has been an adjunct professor at various Community Colleges in their Criminal Justice and Paralegal Programs. Ms. Weaver is available for speaking engagements, workshops and seminars.

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