New H1B starting date issues

[sam_sam]

Well here is the case..
Currently I am in OPT which is going to lapse in July 15, 2006.

I just got a job but now I am having problems due to the start date of H1B. I know that the H1B starts from Oct 1st. Is there any solution to the problem I will face from July 15th till Oct 1st (i.e. 2.5 months)? I don't want to lose this job.

Can anyone help me?

Thanks
Sam

 

[ch_ganesh120]

Dear Sam,

I am in the same exact situation as you. I have summarized my understanding of the situation and possible solutions below.

1. My work authorization (OPT) expires on 07/01/07 and H1B starts on 10/01/07. I can be relieved at the end of the OPT and reinstated on 10/01/07.
2. I can be sent to a facility (offshore site) outside US for few days at the end of the OPT period. I can be brought back on a different visa (L1) for the duration of 07/01-10/01. And the H1B starts on 10/01/07.
3. I am willing to work voluntarily for the duration of 07/01-10/01/07.
4. I can join a school for the duration of 07/01-10/01/07 working on industry related project on a student visa (F1) or academic H1B visa.
5. The Comprehensive Immigration Reform Act (CIRA)-2006 will be taken up by the congress soon. One of the provisions of this act is no cap on the advanced degree H1B visas. In the case of CIRA being accepted, which seems most likely, I become eligible for this year’s H1B.
6. Since H1B visas under advanced degree quota reached its limit within 2 and ½ months, there is a possibility that INS may extend the duration of OPT in order to fill the gap between expiry of OPT and start of H1B. This information is based on the previous INS decisions (a similar decision was taken 2005 fiscal year by INS).

The above is solely my understanding of the situation. Please double check with others!
Thanks and good luck.

 

[GotPR?]

2. I can be sent to a facility (offshore site) outside US for few days at the end of the OPT period. I can be brought back on a different visa (L1) for the duration of 07/01-10/01. And the H1B starts on 10/01/07.

you can work offshore, but you probably can not get L1.

3. I am willing to work voluntarily for the duration of 07/01-10/01/07.

Please note "working" without authorization is not legal.

4. I can join a school for the duration of 07/01-10/01/07 working on industry related project on a student visa (F1) or academic H1B visa.

This works.

5. The Comprehensive Immigration Reform Act (CIRA)-2006 will be taken up by the congress soon. One of the provisions of this act is no cap on the advanced degree H1B visas. In the case of CIRA being accepted, which seems most likely, I become eligible for this year’s H1B.

This may work if it passed.

6. Since H1B visas under advanced degree quota reached its limit within 2 and ½ months, there is a possibility that INS may extend the duration of OPT in order to fill the gap between expiry of OPT and start of H1B. This information is based on the previous INS decisions (a similar decision was taken 2005 fiscal year by INS).

The chance is slim. CIS did not do that last 2 years.

 

[sam_sam]

Dear Sam,

I am in the same exact situation as you. I have summarized my understanding of the situation and possible solutions below.

1. My work authorization (OPT) expires on 07/01/07 and H1B starts on 10/01/07. I can be relieved at the end of the OPT and reinstated on 10/01/07.
2. I can be sent to a facility (offshore site) outside US for few days at the end of the OPT period. I can be brought back on a different visa (L1) for the duration of 07/01-10/01. And the H1B starts on 10/01/07.
3. I am willing to work voluntarily for the duration of 07/01-10/01/07.
4. I can join a school for the duration of 07/01-10/01/07 working on industry related project on a student visa (F1) or academic H1B visa.
5. The Comprehensive Immigration Reform Act (CIRA)-2006 will be taken up by the congress soon. One of the provisions of this act is no cap on the advanced degree H1B visas. In the case of CIRA being accepted, which seems most likely, I become eligible for this year’s H1B.
6. Since H1B visas under advanced degree quota reached its limit within 2 and ½ months, there is a possibility that INS may extend the duration of OPT in order to fill the gap between expiry of OPT and start of H1B. This information is based on the previous INS decisions (a similar decision was taken 2005 fiscal year by INS).

The above is solely my understanding of the situation. Please double check with others!
Thanks and good luck.

Thank you and good luck to you too...