H1 cap - Period between OPT expiration and Oct 1st

[egayathri]

Hi,

My OPT expires in June and my employer has told me that till Oct 1st 2004, I can either go to India or he will process a B1 if I wanted to stay here.

My question is which one of these options is better. Is there any advantage/Disadvantage?

And during the 4 month period, Can I still be on Pay roll(Leave of absence from June -Oct) or Do i get removed from Pay roll(Terminated) and my employer will hire me back from October 1st.
I got an information from a person that since I am not in a legal status from June - Oct and hence I cannot be on the Pay roll.

Any information on the above questions will be really helpful.

Thanks in Advance. I appreciate your help.

Gayathri

 

[Rajiv S. Khanna]

Originally posted by egayathri
Hi,

My OPT expires in June and my employer has told me that till Oct 1st 2004, I can either go to India or he will process a B1 if I wanted to stay here.

My question is which one of these options is better. Is there any advantage/Disadvantage?

+++++++++++++++++First, wait till we hear from CIS. Apply for the H-1 in the meantime. Going to india is the better option.

And during the 4 month period, Can I still be on Pay roll(Leave of absence from June -Oct) or Do i get removed from Pay roll(Terminated) and my employer will hire me back from October 1st.
I got an information from a person that since I am not in a legal status from June - Oct and hence I cannot be on the Pay roll.

+++++++++++++++++++++Just being on the payroll should not be a problem as far as I can tell. But you must not work.
Any information on the above questions will be really helpful.

Thanks in Advance. I appreciate your help.

Gayathri