OPT - H1B - 4 months gap

A

azsamsancho

New Member
Hi guys,

This is my first post. I hope you can give me some advice.

I am currently on my OPT which will expire on May 20, 2008. I am currently employed and the employer is willing to sponsor me for H1B and send the paperwork on April 1 , 2008. The problem is that even if I get approved for an H1B I have no status between

May 20, 2008 and Oct 1, 2008

So, what can I do to cover that gap? Do I necessarily have to leave the country for 4 months? Also, ideally, Id like to be able to still work during that gap. Is not there any kind of temporary visa or something that is going to allow me to work for those 4 months till the H1B kicks in?

Thanks in advance for your advice!

azsam
 
There is no temporary visa that would allow you to work. You MAY be able to adjust your status to B-1 (visitor) for a few month, but these cases are difficult. YOU CAN'T WORK ON B-1.

The only option to work is to file for a GC now. If you are not from a retrogressed country, your employer can take care of labor certification and file I-140/I-485 and you get your EAD (work permit) by May. You then essentially skip the H-1 step.
 
Agreed, please do not accumalate illegal presence (will prove costly if you apply for GC) - ask your employer for leave for 4 months.
 
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