H1 Approved and Start Date

[Skilledguy]

Dear Sir

I have a Question.My firm is applying for My H1 on April .They want me to work me on the OPT till Jan 2005. If My H1 is approved from Oct 2004 can I start working on that H1 from Jan 2005 after My OPT is Over..

Thanks

R Bhowmick

 

[Rajiv S. Khanna]

Originally posted by Skilledguy
Dear Sir

I have a Question.My firm is applying for My H1 on April .They want me to work me on the OPT till Jan 2005. If My H1 is approved from Oct 2004 can I start working on that H1 from Jan 2005 after My OPT is Over..

Thanks

R Bhowmick

I am confused.

Ok, let me see if can guide, anyway.

An H-1 has to start from a specific date. the start date cannot be more than 6 months ahead of the H-1 application date. If you apply for H-1 for the FY 2005 quota, the earliest you can apply is 1 April (6 months ahead).

Once the H-1 is approved (let say on August 1), it should give you change of status (COS) effective from 1 Oct. As soon as Oct 1 arrives, you will no longer have an F-1. You will be on H-1. Hence you could no longer work on OPT.

The only way around this is (continue working on F-1 even though H-1 is approved), if you do not apply for COS. Ask for consular processing. Discuss the details with your lawyers. This is a little difficult to explain in writing.