opt expires Oct 2nd. H1 applied + working

H

hemant_1979

Registered Users (C)
If USCIS us not able to make a decision by Oct 2nd when my OPT expires would I still be in status. I have been working for this company for 6 months now and they have applied for my H1 a few months ago, but the delay in processing might mean USCIS may not give me a decision before Oct 2nd. I applied for a start date Oct 1st and I believe I should still be in status since this is a beuracratic issue rather than anything else.

Help me out here. Thanks!
 
Just a thought...
I think advancing your application for a premium process might help you get a decision in 15 days.
 
well, honestly cos Im the only inetrnational person working in the company and had a hard time getting them to do an H1. Getting them to go premium might make them a little flustered.

I really need to know if its worth it in the first place. If I can work and stay in status then I don't really need to do it.

As of now my stats are

Opt Expiring - Oct 2nd, 2006
H1 start date- Oct 1st, 2006 (applied for)
application reciept date at VSC - June 21st, 2006


I really need to know soon if I should be pushing for premium or not.


Is it garuenteed that they take a decision within 15 days?
 
You won't be out of status, so the time between OPT expiration and your actual H1 start date (once you actually get it, not your oct 1 date) is fine. However, you cannot work if your OPT expires and your H1 isn't approved yet.

Here's an idea: Obviously you'd have to find out if your employer would be willing to go along with this, but you could "officially" not work while you wait for your H1 to go through, but practically you could work from home and work something out with the employer to pay you once you're under your H1B and working officially. I know someone who has done that. Obviously, this is a little shaddy.

Yes, premium processing = 15 business days for an answer. Another idea: *you* could pay for the premium processing. I would strongly recommend that. If you're not working in between OPT <-> H1, your employer could easily decide they need someone right away and cannot wait for your H1B to come through.
 
hemant_1979 said:
well, honestly cos Im the only inetrnational person working in the company and had a hard time getting them to do an H1. Getting them to go premium might make them a little flustered.

I really need to know if its worth it in the first place. If I can work and stay in status then I don't really need to do it.

As of now my stats are

Opt Expiring - Oct 2nd, 2006
H1 start date- Oct 1st, 2006 (applied for)
application reciept date at VSC - June 21st, 2006


I really need to know soon if I should be pushing for premium or not.


Is it garuenteed that they take a decision within 15 days?
Click to expand...


For premium processing 15 days working days time is needed.
 
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