OPT and H1

[aasim]

Hi,

If I file for an H-1 visa on Apil 1, 2005 (for FY-2006), and the FY2005 quota is full, can I start working before October 1, 2005?

Note: I am currently on an F1 and my F-1 OPT will end in June 2005.

Thanking You.

Aasim

 

[shahpragnesh]

First thing you can not file for H1 your self. Your employer has to file for you. Second thing you can not start working without getting H1-B approved and after expiration of OPT.

 

[aasim]

Gruduation-OPT-H1-B

Hi,

Thank you for your prompt response.

I had a couple of follow-up questions:

1. How long can the gap between my graduation date (end of F1) and beginning of my F-1 OPT be? [I will be filing for my OPT in a few days -- does my OPT need to start effective the date of my graduation?]

2. If I get a job in April 2005 and my employer files an H1-B application in April 2005 (after the FY2005 quota is full) can I get approval for working before October 1, 2005?

Thanking You.

Aasim

 

[jaxen]

1. OPT start date need not be graduation date, it should be before or near the F1 expiry date.

2. No

 

[shahpragnesh]

1. You must apply for OPT before graduating.
2. NO

 

[h1query]

OPT start dates

look at this post:
http://boards.immigrationportal.com/showthread.php?threadid=115303

1. OPT must be applied BEFORE the end of F1/I-20/graduation date.
2. OPT start date can be upto 60 days AFTER end of F1/I-20
3. OPT should finish within 14 months of graduatiopn date

 

[aasim]

Thank You

Hi Thank You for your quick and helpful response.