My employer says that since they file the H1 papers in April, they recieve the approved paperwork by July or August and once these are in hand, I am legally allowed to stay in the U.S.A. until October 1st when I can start working. Is this possible and true? The gap I currently have extends from July 1st to October 1st. Unfortunately, this means that I'm illegal during September but as I said, my employer says im not illegal if I already have the stamped H1 papers. Again I ask then...is this true?
OPT to H1B 3 month gap. Employer says....
- Thread starter shazi
- Start date
You are right. Your stay in September ( i assume your OPT ends on july and have 60 days grace period) is considered out of status.
i think your employer is not updated by the latest info. Back in 2004(2003 ?), authority issued a Federal Register which said that F1s who filed H1 was allowed to stay til Oct 1 even though F1 got expired. But this was only for that year, and they did not allow it since the following year.
Unless they come up with the same rule next year, staying between F1 expiation and H1 start date is considered out of status.
http://www.shusterman.com/pdf/fj-reg72304.pdf
i think your employer is not updated by the latest info. Back in 2004(2003 ?), authority issued a Federal Register which said that F1s who filed H1 was allowed to stay til Oct 1 even though F1 got expired. But this was only for that year, and they did not allow it since the following year.
Unless they come up with the same rule next year, staying between F1 expiation and H1 start date is considered out of status.
http://www.shusterman.com/pdf/fj-reg72304.pdf
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The link is for this year.
http://www.immigrationportal.com/showthread.php?t=221009
Basically, cap-gap relief is yearly basis, and it was applied only in 2004.
http://www.immigrationportal.com/showthread.php?t=221009
Basically, cap-gap relief is yearly basis, and it was applied only in 2004.
opt to h1 gap
Hello,
during the gap from OPT to H1 is it possible to go to canada(calgary) with work visa and work there for the same employer's canadian branch and then stamp H1 there before oct 1 and then come back to usa ?Also, do i have to stamp H1 in canada or i have to go back to home country for it ?
i have read some portals saying that in canada they want to know some criminal and background check for that they are taking 4 weeks.
please suggest me what should i have to do in the gap from may to oct 07? employer is fine with my decision, if i will go to indian or canadian branch.
thanks,
perry
Hello,
during the gap from OPT to H1 is it possible to go to canada(calgary) with work visa and work there for the same employer's canadian branch and then stamp H1 there before oct 1 and then come back to usa ?Also, do i have to stamp H1 in canada or i have to go back to home country for it ?
i have read some portals saying that in canada they want to know some criminal and background check for that they are taking 4 weeks.
please suggest me what should i have to do in the gap from may to oct 07? employer is fine with my decision, if i will go to indian or canadian branch.
thanks,
perry
OPt h1b gap
My OPT is expiring in May'07 and my employer is planning to apply for my H1b this april. Can I apply for another Masters in someother university and work here during that time by taking a CPT? Is there any risk involved in this as my status gets changed from F1-OPT-F1-CPT-H1. My employer is willing to send me to India if there is no other solution. Can anyone please let me know possible risks involved in each of these.
Thanks in advance
My OPT is expiring in May'07 and my employer is planning to apply for my H1b this april. Can I apply for another Masters in someother university and work here during that time by taking a CPT? Is there any risk involved in this as my status gets changed from F1-OPT-F1-CPT-H1. My employer is willing to send me to India if there is no other solution. Can anyone please let me know possible risks involved in each of these.
Thanks in advance
Don't you have to attend a school for a certain number of months (i believe 9) before you can apply for CPT or OPT?
I know when I went to grad school I didn't have to wait for 9 months before I applied for CPT but that was because it was a 15 month program and there was a mandatory internship beginning in the 7th month of the program.
My husband is in the same situation as you guys and is mostl ikely going to work in Canada with the same company.
I know when I went to grad school I didn't have to wait for 9 months before I applied for CPT but that was because it was a 15 month program and there was a mandatory internship beginning in the 7th month of the program.
My husband is in the same situation as you guys and is mostl ikely going to work in Canada with the same company.