Need urgent Help please

M

miniptel

New Member
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.

Also I heard about extention/renewal of OPT card, if it is true please tell me procedure for that.

Appreciate your help.
Mini
 
You must apply your h1 by April 2007 and mention your start date will be June 2008. Your H1 will be approved accordingly.


miniptel said:
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.

Also I heard about extention/renewal of OPT card, if it is true please tell me procedure for that.

Appreciate your help.
Mini
Click to expand...
 
great guru said:
You must apply your h1 by April 2007 and mention your start date will be June 2008. Your H1 will be approved accordingly.
Click to expand...

Is it possible to request start date beyond oct 1 2007? I checked with my lawyer, he said we cannot request start date beyond 6 months from the applying date(which is April 1st)
 
April 1 does not have any significant to your start date.

your start date will be only Oct 1, 2007, so you can go 6 months from Oct 1, 2007.



radhagd said:
Is it possible to request start date beyond oct 1 2007? I checked with my lawyer, he said we cannot request start date beyond 6 months from the applying date(which is April 1st)
Click to expand...
 
so confuse

Can I apply between the period when I do not in college/on OPT or in April, 2007 when my study is going. Please help is require I am so confuse. Please explain little bit in detail. Appreciate your help.
 
If you are eligible you can apply your H1 on April 1, 2007, does not matter whether you are at school or Opt or sitting at home. But yuo must be in status to get this change of staus approved.

When you apply H1 b while you are in OPT you can always specify your H1B start date.



miniptel said:
Can I apply between the period when I do not in college/on OPT or in April, 2007 when my study is going. Please help is require I am so confuse. Please explain little bit in detail. Appreciate your help.
Click to expand...
 
great guru said:
April 1 does not have any significant to your start date.

your start date will be only Oct 1, 2007, so you can go 6 months from Oct 1, 2007.
Click to expand...


Before filing H1B employer should take LCA, he cannot take LCA with start date later than 6 months, so if LCA filed on Aril 1st Oct 1st should be start date. and also check the below link
http://www.murthy.com/news/n_stucon.html

In the above link she mentioned

With OPT covering an individual from December to December (or January to January), his or her employer could comfortably file the H1B on April 1st, with a start date of October 1st, and there would be no gap in status. Such students, in all likelihood, would cut their OPT short by two or three months, in order to change to H1B status. This is a small price to pay, however, in order to make the cap for that year.

If we can choose start date why would she say "would cut their OPT short by two or three months, in order to change to H1B status"?
 
Last edited by a moderator:
LCA can be taken for individual or for blanket at any time.
What ever the time remaining in the LCA is the duration for H1.

With in the LCA validity period, h1 can be applied for any time, only drawback yu may loose time in H1 duration , instead of 3 years you will get 2 years or 1 year.



radhagd said:
Before filing H1B employer should take LCA, he cannot take LCA with start date later than 6 months, so if LCA filed on Aril 1st Oct 1st should be start date. and also check the below link
http://www.murthy.com/news/n_stucon.html

In the above link she mentioned

With OPT covering an individual from December to December (or January to January), his or her employer could comfortably file the H1B on April 1st, with a start date of October 1st, and there would be no gap in status. Such students, in all likelihood, would cut their OPT short by two or three months, in order to change to H1B status. This is a small price to pay, however, in order to make the cap for that year.

If we can choose start date why would she say "would cut their OPT short by two or three months, in order to change to H1B status"?
Click to expand...
 
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