Status after OPT is over and H1 Quota is over

[indian25]

My F1 (OPT) will expire in April next year and I have a Bachelors from a US University, so I'm not eligible for the Masters 20000 quota also.

What will be my status from May to Sep 2006?
What is the best way to maintain the status till I get my H1?

PLEASE share your thoughts...
Thanks,

[xeenat]

You will have to apply for your H1 before your OPT expires. As long as you have the receipt notice from INS you can work even after your OPT expires and your H1 application is in process. Otherwise I know my friend who has done her undergrad here n then her OPT expired in Feb 2005. She found an employer who was ready to file her H1 and gave the employer all the necessary docs and went back to India. Her H1 was filed by the same employer. She got approved and she is already back in the US on her H1

There could be some other ways too. But these are the only two ways I know.

Hope it helps.

xee

[glus]

This is not true. If your OPT expires, you cannot and should NOT work even if your H1B is pending. Be very careful. H1B pending case does not allow you to work in the US.

[expedite]

I'm on the same boat...do grad schools admit in the summer?...and if so...can I use my OPT or CPT as soon as I enroll because my employer is even willing to hire me as an intern until I can start on H-1 in Oct.

thanks.

[indian25]

What is the best solution then? Will I be out of status and will have to go out of US or I can just stay and not work from Jun till Sep?? Can I stay on the basis of H1 receipt if it is applied in April 1st 2006.
Grad Schools will cost lot of money.
Thanks in Advance....

[glus]

You can stay, but you will not be granted COS. You have to have a new I-20 with a starting day less than 60 days after your OPT expires. Remember that you have 60-days after your OPT expires to leave the U.S. I do not think you can get H1-b approved in such period of time.....a little risky unless you apply for Premium. Anyways, the new H1 will be valid from 1 Oct 2006, right? So you have to maintain your status until 1 Oct 2006. If your OPT expires in...lets say April 10 2006, you have a legal status until Jun 10 2006 ( added 60 days after OPT expired). After that you do not have a valid status. Even if in the mean time you send H1B with COS application, you will not be granted COS because of the gap between Jun 10 2006 and Oct 1 2006. So you will need to show a legal status from Jun 10 2006 to 1 Oct 2006 to get COS granted. To do so, apply to any U.S. school and get a new I-20 BEFORE your OPT expires. You can attach that new I-20 to prove your legal status. This will speed up the process. In addition, apply for H1B as soon as you can - which is usually in April.... .

Regards,

Glus
THIS IS NOT A LEGAL ADVISE.

[patkt]

Glus,
Assuming that Indian25's OPT expires on April 10, 2006 Indian25 can stay in USA until June 10, 2006. Can Indian25 apply for H1 between April 10,2006 and June 10, 2006? I apologize if this point has already been made clear in your post but I am in teh same situation. My OPT expired on July 13, 2005 and my employer filed my H1B on August 13, 2005. I have got RFE but that is related to my education background and not regarding my status. I hope that my employer is not mistaken.

If you could please reply that would be appreciated

Thanks

[expedite]

bump

[glus]

paktt.
If your OPT expired on July 13 and you applied under regular quota, then your grace period ended on Setember 13. If your company applied under normal quota, your H1b can be valid from 1 October. Hence, you will have 17 days gap between the end of your grace period and your h1b start date. Consequently, you are legally in the US because your h1b is pendeing, but INS cannot approve your COS because of this 17 day gap in between. Most likely, they will approve your h1b, but will ask you to go abroad to get your h1b visa stamped. I have heard about a few exceptions, when INS granted COS when the gap was relatively short....

I AM NOT A Lawyer and it is not a legal, legitimate advise.

Glus

[patkt]

Glus,
Thank you very much for your response. Fortunately my H1 got approved on 23Dec, 2005.

Thanks to everyone
patkt