F-1 OPT Extension Rule To Go Into Effect

Hi,

I have a question. I am currently on F1 and will be on the same for the next 29 months, thanks to the new rule. So if my H1 gets approved from company X, will my OPT get cancelled if I dont use the H1B for some time. Can I use H1B on my 28th month, though it will be approved in next 2-3 months,
Thanks,
Sunnyz.
 
Once you obtain an H-1B, your status changes from F-1 to H-1B and your OPT is canceled regardless of whether you work under your H-1B or not.
 
laborvisalaw said:
Once you obtain an H-1B, your status changes from F-1 to H-1B and your OPT is canceled regardless of whether you work under your H-1B or not.
Click to expand...


Assuming most employers would apply for a COS along with H1.

If one does not apply for COS and just the H1 with Consular Processing, I guess as STEM grad might be able to use the whole 29 months, if one has the 17 month extension approved and if one wants. Later, this person may go on to H1 status by following proper procedures. Correct?
 
This is a great news for F1 students!!

But I have question about travel regulations on OPT. Do you think if there will be change in travel regulations ? I am asking this question because I will be starting to work on OPT April, 2008. But my F1 visa expired in June, 2007. I want to travel to India in August 2008. Will I be able to travel to India and get a new F1 visa to reenter USA ?

Appreciate any suggestions !!!
 
F1 to H1B Cap Question - Please Advise

My Case -

1) Bachelor Graduation - May 2006,
2) Applied for H1-B 2007 - Application was not picked in Lottery,
3) OPT Period ended - July 14th 2007,
4) Back to F-1 Status (I-20) through Kaplan (No OPT privilege in Kaplan courses),
5) Current I-20 EXPIRED 04/06/2008,
6) BUT had Filed H1-B AGAIN on 04/01/2008,
7) CURRENTLY IN A 60 DAYS GRACE PERIOD.

Based on My Case above and the New F1 to H1b Gap Relief regulation,

will my duration of stay be automatically extended till Oct 1st 2008, provided my H1B application is selected in the lottery.
Or
the Cap Gap relief is only applicable to F-1 candidate currently in OPT.


thanks,
LegMat.
 
H-1B cap-gap extension of D/S and work authorization until October 1. Duration of status and work authorization will be extended for a student on OPT, who is the beneficiary of a timely filed H-1B petition requesting an employment start date of October 1 of the following fiscal year. This would apply to all students on OPT, not just STEM students. The extension of duration of status and work authorization would automatically terminate upon the rejection, denial, or revocation of the H-1B petition filed on the student's behalf.
 
http://www.uscis.gov/portal/site/us...nnel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

What are the eligibility requirements for the 17-month extension of post-completion OPT?

* The student must have a bachelor’s, master’s, or doctorate degree included in the STEM Designated Degree Program List.
* The student must currently be in an approved post-completion OPT period based on a designated STEM degree.
* The student’s employer must be enrolled in E-Verify.
* The student must apply on time (i.e., before the current post-completion OPT expires).
 
http://www.uscis.gov/portal/site/us...nnel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

What are the eligibility requirements for the 17-month extension of post-completion OPT?

* The student must have a bachelor’s, master’s, or doctorate degree included in the STEM Designated Degree Program List.
* The student must currently be in an approved post-completion OPT period based on a designated STEM degree.
* The student’s employer must be enrolled in E-Verify.
* The student must apply on time (i.e., before the current post-completion OPT expires).


mnm
 
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