Please help:F-1 expiring. OPT

[augustasylee]

I need help and advise on my case from this very enlightened members of the forum.

I just completed my Bsc in Computer Information Sytems. Technically I am no longer F-1. I am currently on Optional Practical Training and I plan to swith to an h-1b visa but I understand the h-1b quota is over for the current fiscal yr. My question is: will I still be in good legal standing while my case is pending and can have work authorisation based on my pending h 1b application? Also, as a first time applicant for h-1b , am I eligible for premium processing ? Your help and advise will be highly appreciated.

 

[saher]

I am also on the same boat as yours ..

I graduated in January 2005 and my OPT expires in March 2006. Even though you are on ur OPT , u visa status is still called F1.
Every F1 student gets a grace period after the status expiration date. So if that covers you till Oct 2006 then you will be legally able to stay in USA.

If your your missing some months in between you have to either go back to your home country or get your self enrolled in a college.

No you cannot work once your OPT expires and will be only able to start working when the new FY starts for the H1b. The latest you can start is October 2006.

Hopefully, you have enough months in between to cover the GAP. Unlike me who wil have to cover a 4 months gap which I am going to cover by going back to school .

Hope this helped !