OPT and H1B

[saz_1]

A co-worker has his OPT run out in June. Because the H1B cap is ended this year, he will start H1B premium processing in April 2005 when the cap re-opens. I understand that if the H1B gets approved, it will allow him to start working at the beginning of October 2005.

Questions:
1) Is there anything he can do to continue working after his OPT has expired and his H1B is pending?
2) If not, will he be able to stay in the country after his OPT runs out and before his H1B kicks in?
3) What do other people do in this situation?

 

[labordrags]

A co-worker has his OPT run out in June. Because the H1B cap is ended this year, he will start H1B premium processing in April 2005 when the cap re-opens. I understand that if the H1B gets approved, it will allow him to start working at the beginning of October 2005.

Questions:
1) Is there anything he can do to continue working after his OPT has expired and his H1B is pending?
2) If not, will he be able to stay in the country after his OPT runs out and before his H1B kicks in?
3) What do other people do in this situation?

Being a F1 then went on OPT then on H1B, I think I am aware of this above situation, and would like to advise you as best of my knowledge.

1. He can’t work period. If he wishes to work, he will be put on out-of-status as per USCIS guidelines.
2. Recently USCIS ruled out, and yes he can stay inside the country, and still maintain his F1 status, unless or until he gains his H1B status.
3. Best approach is to wait, or he could take an I-20 for his Masters Degree, if he is done with his Bachelors, since his OPT will expire in April 05, he still has 60 days period to join the next session, meaning he can go to summer school and maintain his status. I really don’t think that is necessary, coz the rejection of H1B is almost negative. Just to be on safe side, if he doesn’t want to take any chance, he would be better off by getting I-20 on his belt.