OPT CARD waiting - urgent please help

[Sarora]

Hi

I am currently working on full time CPT and I am graduating on June 25. I still have not recived my EAD card, but I have expediated the request on 15th june and I got the reply that I will get the decision in 30 days.

That still leaves me with 20 days.

My employer applied for my H1 in premium processing and I have my H1 approval which will kick off in only in october 2011.
Any suggestions what should I do in this case?
Can my employer run my payroll regularly or i need to hold my payroll till I get my card.
However my employer knows my situation and my HR did tell me that I should be okay if there is just 1 week or so lag till i get my EAD card?

Is there anything like grace period for cases like me?

Appreciate your responses.
Please reply.

Thanks

[Concerned4us]

If you do not have approval, you cannot work legally. I would not trust someone who tells me to violate the law. Your employer cannot guarantee that you will get forgiveness for illegal work. Take a vacation and return to work once you have received you approval. Check with your DSO to see if they can figure out any reason for the delay other than backlog.

Your employer should apply for H1B only if that is the status that you want to use to work. With an approval, you can take advantage of cap gap which is a valid approach.

If you do plan to work without EAD, check with an attorney so you understand potential consequences.

[jiaer]

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