OPT to H1

[ManishSinghania]

Hi,

I was recently working on my OPT and have been layed-off. Since the job market is tough and due to time-constraint of filing this year for my H-1, I was exploring my options to file for my H-1 next year.

I needed help to understand whether I could apply for my H-1B in April 2010 after my OPT expires on 22nd Feb.2010.

My OPT started on 27th Feb'09 and would end on 22nd Feb'10. In this scenario:

1. Could I file for my H-1B on April 2010?
2. If so, would I be able to continue to work during this time (April 2010 till September 2010) on the gap-cap rule?

Any suggestion/comment is welcome. Thanks.

 

[sidd_k2002]

Hi,

I was recently working on my OPT and have been layed-off. Since the job market is tough and due to time-constraint of filing this year for my H-1, I was exploring my options to file for my H-1 next year.

I needed help to understand whether I could apply for my H-1B in April 2010 after my OPT expires on 22nd Feb.2010.

My OPT started on 27th Feb'09 and would end on 22nd Feb'10. In this scenario:

1. Could I file for my H-1B on April 2010?
2. If so, would I be able to continue to work during this time (April 2010 till September 2010) on the gap-cap rule?

Any suggestion/comment is welcome. Thanks.

Manish,
Regarding your questions above following are the suggestions:
1: Yes you can file your H-1b in april 2010, provided that you have a OPT extension ordered until then.Since your OPT is ending in FEB 2010,to have an extension though you must also be working for an e-verified employer. You have to find a job with a e-verified employer within 3 months from your layoff on OPT.
2: Your second question is linked to the first one. Even if your H1B was approved you need to have your OPT extension still going on, otherwise i assume that your status will not remain valid until the day H1 starts (i.e October 1).
Well frankly saying nobody knows whether the H1B program will exist or not in 2010, as there are already thinking of closing up this program for a few years.