F1 (OPT) and H1B dilema

P

PRVPRV

Registered Users (C)
Hello All,
I have a question on F1, OPT and H1B. My brother has completed his MS recently and received OPT in FEb'09.

We are planning to apply for H1B in April 2009, but would like to know..

1. Can he continue to work on OPT. If he does that, are there any implicaitons of travel to outside the country? What documentation does he need when he travels?
2. If he applies for H1B in 2009, can he still be on OPT? if not, What happens to his OPT?
3. Lastly, we are thinking the option of applying for H1B in 2010..

Please provide any insight to our dilemma.. Thank you all for your time and responses.

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PRVPRV said:
Hello All,
I have a question on F1, OPT and H1B. My brother has completed his MS recently and received OPT in FEb'09.

We are planning to apply for H1B in April 2009, but would like to know..

1. Can he continue to work on OPT. If he does that, are there any implicaitons of travel to outside the country? What documentation does he need when he travels?

Continue? Only 90 days of unemployment is allowed on OPT. If H1 application is denied, he can continue in F1 status.
Valid F1 visa, I-20, EAD card and job letter needed for traveling and returning.


2. If he applies for H1B in 2009, can he still be on OPT? if not, What happens to his OPT?

H1 status kicks in on Oct 1, OPT is invalid after that.

3. Lastly, we are thinking the option of applying for H1B in 2010..

Okay, what's the question

Please provide any insight to our dilemma.. Thank you all for your time and responses.

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Click to expand...
Answer above.
Btw you cannot apply for H1 unless you have a legitimate business that can employ him. Employer needs to apply not you or him. Apply only if he has a legitimate job.
 
In your situation, I think your brother should apply this year. Check out this blog if it helps answering your questions,

f1toh1.wordpress.com/2009/04/14/f1opt-to-h1b-questionaire-confused-to-apply-for-h1b-this-year-or-next-year/
 
Your brother got his OPT in Feb 09 with 1 year duration. Unless he is in STEM employed by a e-verify employer, his OPT expires in Feb 2010. That means he will have to stop working at that timem leave the US and wait till April 2010 to apply for H1B. Because his OPT will expire before April 1, 2010, the first day that he can apply for H1B in 2010, he is not eligible for Cap-gap relief. He needs to apply this year if his employer is willing to do so.

The last bulletin that came out on April 20 said the capacity for H1B has not been met.
 
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