OPT end - H1 start gap

M

mjayas

New Member
I have seen many postings similar to the above situation but not exactly like mine, so I would deeply appreciate an answer to this.

I will probably miss the October 04 deadline for H1. My OPT expires on 7-4-05. I would like to know, if an employer files for my H-1 after October 04 but during my OPT, can I legally stay/work in the US until my H1 gets approved, which would probably be after my OPT expires?

Thank you.
 
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Hurry up

Your opt ends 7/4/2005

FY 2005 H1B quota may be filled by that time.

Better apply H1B in premium process immediately mentioning that start date of your emplayment is 7/5/2005. Until than you can work on your opt.
 
thanks and 1 mo ?

Thanks to both of u for replying.

One note though, I called INS, and after the 30 minute wait, the rep said I can wait legally in the US until i get my H1 approved, even if my employer applies after the Oct 1 st deadline. The only limitation is that I would not be able to work during the gap. Does this mean INS will consider me for the FY 2006 H1B? Can anybody collaborate this?

Thanks.
 
Fy 2006

The stay in question is 7/5/2005 to Oct 1, 2005.

Unless a law passed similar to one just few weeks before passed, you will be out of status between 7/5/2005 to Oct 1, 2005. (if you miss Y 2005 quota)

If the law is passed you can wait until 1 oct 2005, to work on FY 2006 quota.

We never know, what is going to happen. Spen your own money if company does not want to process early.

Good Luck
 
Great Guru,

I just received my OPT from USCIS, it is valid until 7/16/2005. I will start my employment with my company on monday, and I am currently employed under a Co-Op, which may lead to a full time after 4-6 months if they like me. Should I pressure my employer to start the H1 process right away? Is there a way I can do this by myself? If yes, how?

Your help will be greatly appreciated.
 
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