Opt To H1 Conversion

[mrskulk]

HI,

My OPT period is going to be from June 2005 - May 2006. The H1B cap opens in Oct. Suppose the quote gets over in Oct and I get a job after that.I know I can work on my OPT. But if the company files my H1 in April once the application acceptance starts, Can I stay in USA and work since my H1B is under process or do I have to leave the country once my OPT expires in May 2006 even though my H1B has been filed ? Please advice.

Thanks
RN

 

[Since1998]

HI,
My OPT period is going to be from June 2005 - May 2006. The H1B cap opens in Oct. Suppose the quote gets over in Oct and I get a job after that.I know I can work on my OPT. But if the company files my H1 in April once the application acceptance starts, Can I stay in USA and work since my H1B is under process or do I have to leave the country once my OPT expires in May 2006 even though my H1B has been filed ? Please advice.
Thanks
RN

You can stay as long as your application for H1B is in process, & you do NOT have to leave the country. (& My advice is NOT LEAVING AT ALL~!)

However, you will NOT be able to work once your OPT stops. All you can do is sitting at home and wait. Yes, that's the ONLY thing you can do. If USCIS found out that you were working while waiting, your H1B is void rite away.

you will run into the problems like your company ran out of hope on your case & gave up on you. Or they find someone else to replace your job so they dont' need you anymore. My advice to you is that keep a closed contact w/ your boss & keep on pressuring them to stick with you throught this.

good luck

 

[soniasanjeev]

Hi,

And what if one gets the H1B approval say by April 2006 but the start date is only Oct 2006 and the OPT expires in May 2006? Will one have to leave the country after the expiration of the OPT grace period of 2 months and re-enter on Oct 1 2006? Pls advise