F1 OPT to H1 with a gap of 3 months

I

immihelp1981

New Member
I recently graduated from Clemson University. I started working for a consulting company in Chicago. I am currently on OPT, and my OPT will expire on June 27, 2007. Unfortunately, this year's quota for H1B was already met when I tried to apply for H1B in August. So the earliest that I can apply is April next year. My employer is very supportive. They are willing to submit my application for the premium processing next April. My company's immigration lawyer told me that I would have no problem getting the H1B approval.

Since my OPT is expiring on June 27, 2007, I will not be able to work after that. But I can stay in the US until 60 days after June 27, 2007. My company also seems to be fine in allowing me to work in India during that period from late june to late september.

I have a few questions for you:

1. Is there any way to remain in the U.S. during the gap between my OPT and H1B? Or do I have to leave the U.S. after 60 days from the expiration for my OPT?
2. If I work from India in that gap of 3 months, can I be in the U.S payroll?
3. What are the reasonable grounds for rejection of a H1B visa application at the consulate? Are there legal documents from the government that state these reasons for rejection? If yes, where can I go to obtain such documents?
4. Since I have this gap, would it be sufficient to present my last paycheck before June 27, 2007 for the interview with the Consulate in India if I have to go back?
5. I know that H1B visa allow for "dual intent". Can they reject my H1B visa application based on possible immigration intention?
6. Or is it advisable to stay back in US by doing some courses in that gap?

Any help on these questions, would be great!!!
 
I am facing same situation like u but my OPT will expire in may 07.

You can go for India and work there, its not necessary to have salary in dollars. If your company wants to send you some other country that will also be good but these all options may delay your H1 starting date.

If you go for school then you have to be sit doing nothing and pay the fees but it is also a safe option compared to above.

Dont use 60 days grace period try to leave country before OPT expires.

Ok keep in touch.

perry
 
Hi, How you can stay studying in those three months? I mean on which visa? Even if your H1 is approved, you can not stay in the country on that status. So on which visa you can register for courses?
 
jaishreeram, H1 status would only start on or after October 1, and before that the person needs to maintain their previous status (unless they are not subject to H1 quota).
 
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