opt expires Oct 2nd. H1 applied + working

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hemant_1979

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This is an icon describing the mood of the topic or describing information contained in the topic. For more info on icons, read our FAQ. posted August 31, 2006 10:19 AM Click Here to See the Profile for hemant_1979 Reply With QuoteEdit or Delete MessageIf 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!
 
Pls help --what if my OPT is expiring on Oct 8th & H1B app is still in the pipeline ?

I've been working for a company for about a year now, I submitted all my paperwork to them in the first week of April but my application receipt date is May 31st 2006.. I did my master's here so I am currently in OPT till October 8th 2006 which is fast approaching.

The Vermont service center applications are moving so slow that I feel there's a good chance I wont have a decision by October 8th. I dont want to be out of status but neither the filing of the application nor the approval is under my control and I'm wondering what happens when Ocotber approaches. Anyone with information/advice please please help. This whole situtation is so stressful -- I dont know why the lawyer who filed my app did not even mention that I MIGHT NEED Premium processing. I thought I dont need it since I had all paperwork ready in the first week of April itself.
 
I too have an OPT expiring on 10/02/2006. My understanding about H1 procedure has always been that the H1 will come in effect from 10/01/2006 (as requested by my employer). So even if I receive the approval later on, still the start date will be 10/01/2006, and hence, I am never out of status. As long as we have notice of action proving that our case is still pending for decision at USCIS, we should be in status.
I have heard of many cases where people had expired H1s, but had already filed for renewals, and could keep on working even without the actual renewal approval in hand before expiry of old H1. Same should work in case of F1-OPT to H1 too. As I said, this has been my understanding about the whole procedure, and I hope some one more experienced would reply on this issue.

Regards,
Manoj
 
Same here - OPT H1b GAP

Hi all,

Did u get help for these questions. Acually I have my H-1 start date as 1st of oct and my opt expires on 30th of Sep. I just checked today that my H-1 has been approved on 22nd of Sept. I think it will take some time to get my papers.

My lawyer said that it is fine to work, but I just wanted to look at the information in USCIS website that it is fine to work if I have the approval ( and papers not yet reached).

Please let me know if anyone knows anything about this.
 
As per my knowledge, if your OPT expires, you cannot work. But you are still in legal status as your H1 has been applied for. You can start working once your H1 is approved. You need not get the application in hand to start work.


vkunchhoo.com said:
Hi all,

Did u get help for these questions. Acually I have my H-1 start date as 1st of oct and my opt expires on 30th of Sep. I just checked today that my H-1 has been approved on 22nd of Sept. I think it will take some time to get my papers.

My lawyer said that it is fine to work, but I just wanted to look at the information in USCIS website that it is fine to work if I have the approval ( and papers not yet reached).

Please let me know if anyone knows anything about this.
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