OPT and H1 timing

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pnq2msp

Registered Users (C)
Hi,

I am a PhD student on F1.
I have a job offer and the company will file for H-1B.

Applications for FY2008 H-1Bs begins in April 2007 and will likely exhaust by May 2007.

However my start date with the company is not decided yet but could be May or June.

Can my company petition for H-1B before I actually join the company?

Do I have to have OPT/EAD before they can do so?

ALSO,

what start date should I have on my OPT? I
If I want it in May, I take a risk in the sense that if H1B is NOT approved this year, by next years application time, my OPT expires.

Is it safer to take OPT from August 2007 and apply for H1B for FY 2009?

ALSO,

Can one work in the 2 month grace period after your OPT expires, and an H1B application is on file?

Thank you!
pnq2msp
 
OPT and H1

hey..I am in a similar situation as you are. I am F1 student , was going to graduate in May
I got a job offer from a comapny but they asked me not to join in May since they feel they cannot process the H1 for 2007. So I am graduating in august 2007 so that they can file my H1 in April for 2008 Oct.

I can answer the last part of your question, you are not allowed to work during the grace period no matter what happens.
 
Thanks for the reply, blitzkrieg!

However, why are you starting your OPT in August if you cannot work in the grace period?

It will expire in Aug 2008 and your H1 will begin in October 2008. What will you do for those two months?
 
Also, blitzkrieg,
could you please tell me how big is your company?
Coz I know of a major software company who is able to file H1 petitions for students graduating in May 2007.
Thanks!
 
an idea ..if it's possible

i am in a similar boat as well.

I am just curious if it's possible or not but ... apply your H1-B in this april and CHOOSE a start date of : say May/2008 (i.e not default Oct/2007)?

can you do that ?

Your OPT will be from May/2007 - May/2008. And if above is possible, go to H1-B visa starting close to May/2008 .???
 
Hi Rucshaca,

I am sure now that its possible. Actually the company HAS to file this April, as nothing about the case is going to change by next april.
I have talked to attorneys and learnt that the company can file for one's H1 before you graduate, even before you go on OPT.

The reason I believe blitzkrieg's company said what it said, is probably because it is a smaller firm without much experience in filing H1's

Blitzkrieg- I suggest that you talk to your company about this RIGHT NOW and ask them to file this April.

-pnq2msp
 
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