interesting question on H1

[immiadvice]

Hi gurus please advice. One of my friends is in this situation and want to help him in whatever way possible.

He is on Opt which is expiring in 15 days. He will be applying for H1 next week. These days it is taking about 4-5 months for H1 approval.

Question is:\

1. My understanding is he will be in status for the period till H1 approval comes through although he wont be able to work after opt expiry. Correct me please if I am wrong????

2. In worst case, if his H1 gets denied what will be his status during this period in which H1 was pending???

3. Can he immediately apply for new H1 from same employer

Please reply at the earliest.

Thanking you all....

 

[jaxen]

1. yes
2. Out of status
3. If it within 90 days from OPT expiry he can apply again. Otherwise he has to apply a new H1 and get a stamp (most probably from home country) before working for the company. However H1 denial for a f1 to H1 case is a rarity.