F1 to Opt when to apply for H1

N

northwesta

New Member
Hi every one,

I am masters student graduating in May 2007 So, now I am applying for OPT which will start from May 2007- May 2008. So, If I apply for H1 before next April- 2008 it will start from Oct-2008 right. Does it mean I will be out status
from May2008 to Oct 2008.

Do I need to apply for H1 in this april 2007 to avoid this.


Abhilash
 
I am facing same problem. My OPT will expire on 13th May'08. so if i apply for H1 in April'07 can i give the start date as say 10th May'08????
 
Last edited by a moderator:
I am facing same problem. My OPT will expire on 13th May'08. so if i apply for H1 in April'07 can i give the start date as say 10th May'08????
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Yes. As long as it's after October 1.
 
Is there something like a H1 start date

lfgc said:
you need to apply this april-07 & ask for a start date sometime next year.
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I am in the same boat too. Graduating in May'07 and planning to apply for H1 quota for Oct'2007. I will have to apply in non MS quota since application needs to go in by April 1st and i will not be graduating till May'2007.

I was talking to one lawyer and she said as soon as my H1 is approved (if i applied in April'2007 and approved for Oct'2007), i will be on H1 from there on.

So my OPT will be canceled on October'2007 and will be on H1 from Oct'2007. :eek:

Tried asking the lawyer about "start date", she was mentioning since we apply in April'2007 for Oct'2007, start date can only be 6 months, so April+6 months = October. So October is the max i can stay on OPT if applying for H1 in 2007. :mad:

Can anyone explain more about this start date, which documentation will have that info. I stopped believing lawyers, want to look at the document myself to understand it better
 
Can you refer me to a little bit more about start date

LucyMO said:
Yes. As long as it's after October 1.
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Q1. What is this start date? In which application do we specify this?

Q2. Will the employer intimate USCIS that this individual has joined his company on H1 on that particular "start date"?

Q3. If i want to convert to H1 before this "start date", can i convert from OPT to H1? What do i need to do for this conversion?

Q4. What if i decide not to join Company A who has done my H1 by the "start date", does Company A need to report this to USCIS?

Hope i am not asking too many questions, trying to get this straight, because i am getting different answers on different forums.

Thanks in Advance for any answers or follow ups.
 
Hi every one,

I am masters student graduating in May 2007 and I get an OPT card which will start from end of June 2007 - end of June 2008. So, If I apply for H1 before next April- 2008 it will start from Oct-2008 right. Does it mean I will be out status from June 2008 to Oct 2008. Between these 3 months, I will be stay overhere upto 60 days means 2 months and so I will be out status for 1 month.

Do I need to apply for H1 in this april 2007 to avoid this problem as my OPT will start from End of June 2007.
 
If you are on OPT or will be on OPT and your OPT would end before Oct 08, you need to apply for H1-B by April 07 (yes, by next month). You can ask for a start date after your OPT expires but in order to get a H1-B status in next year's quota you have to apply now. You should not be caring about your H1-B starting date as much you need to care to have a legal status after your OPT expires. I was in your shoes in 1998 and waited too long before applying for my H1-B. The result was I did not have work authorization for two months. At that time the then INS allowed people like me to work voluntarily without receiving any compensation. As a result, I continued to work but lost two months salary including all the benefits. It was a big and costly lesson for me. Under the changed rule, you will not even be allowed to volunteer your time and your employer will not even allow you to go your place of employment if you do not have work authorization. So do not delay but apply for your H1-B tomorrow or as soon as possible. Good Luck to you all.
MGM
 
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