Gap between F-1 Opt period and start of H1b

[vramamu]

Facts:

1) I am currently on my Ead(from F-1) ends on the Aug 1st of 2005.
2) I have a job.
3) My employer is ready to sponsor my H-1.
4) But I havent still completed my degree(Completed course work, will finish thesis in another 2-3 months).

Question:

a) Can i file my H-1 this year itself claiming that I have finished my course work for MS and that I shall complete my thesis in a prescribed date?

If I decide to file for H-1 only next year, I have a gap between my end of OPT (Aug 1 2005) and start of H-1(Oct 1 2005) which is exactly 60 days.

Question:

a) What options do I have to cover that gap?
b) Is there a 60-day gap, in which I can legally stay but cannot work( I am reiterating this point to quantify wether the 60-day grace period was a one time for the year 2004)

c)Assuming my h-1 for the next year has been approved(start date Oct 1 2005) If I enroll in school starting Aug 2005 to cover my gap, can I discontinue my program from school starting Oct 1, 2005.

ps: I am asking this questions because my International Students Organization discourages students from doing so!

Reason:

The ISO claims that I lose my status for the period I was enrolled in school (60 days or so in my case) by withdrawing in middle of the program.

Question

d) Is that so? Can I discontinue school in the middle, what are the implications?


Although most the issues in this post have been covered earlier, they were addressed only partly.

Sorry if any body feels it is a redundant post.

Thanks
vijay

 

[h1query]

opt and h1

look here:

http://boards.immigrationportal.com/showthread.php?t=121195

hope this helps.

 

[alren]

No. The degree has to be completed at the time of the application.

Um! I think it depends on the job requirement. If the req. is just a bachelor's and If you can get an evaluation saying that your India degree (if not enough, along with your MS coursework) is equivalent to a US bachelors degree, then you can go ahead and file for the H1. Check with a lawyer though.