OPT expires before H1-B arrives

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anisanis

Registered Users (C)
OPT expires before H1-B arrives (Urgent)

My OPT expires Feb 14, 2003 and I filed H1-B Aug 15. Looks like California Service Center is taking about 7 months for H1 related things. In this situation I might expect H1-B in March 2003.

Is it a problem as my OPT expires Feb 14, 2003? If yes what should I do then? Should I ask my employer to File another H1-B under premium processing? What will happen to the old one then?

Thanks
Anis
 
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After your OPT expires, you cannot work for the employer until the H1B petition is approved. But you can stay in the country (even after the 60 day period). You can also convert the currently pending H1B petition to premium processing by filing I-907 and supporting documents. That would be the best course of action if nothing shows up by end of January. Better to spend $1000, get H1B and work than to sit at home and lose the pay (even a week of your wages might compensate the $1000?). Also your employer might agree to pay the $1000 fee.
 
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