OPT-H1B - Please Help

[dzboy]

Hi,

My OPT expires on May 31, 2005.
H1B is going to be filed in April.

Case1: Will I be able to stay in US from May 31 onwards.
Case2: Will I be able to continue to work from May 31-Oct.1.
Case3: When can I possible expect my H1B to be approved.

Any help is highly appreciated. Thanks, dz

 

[us visa]

Hey, you have a 60 day grace period after your OPT expires to legally stay in the US. Last year the USCIS had released a notice in July which gave relief to students with the gap issue similar to yours. They were allowed to remain in the US leglally beyond the 60 day grace period if the H-1B petition was filed before July 30 and the H-1B start date was no later than October 1. In case the USICS provides a similar relief this time then you can continue being in the US. If not, then yoy'll have to leave and return in October.

I think the best thing for you to do is to apply for an H-1B in April and go for Premium Processing so that you have a decision from the USCIS within 15 days. You should put a start date of October 1. 2005 so that you can start working immediately as you are not allowed to work before that. And, lets hope the USCIS gives the same relief like last year so that you can also remain in the US after completing your OPT.

Hope this helps!!