When can Advanced Degree H1B holders start working

M

maxwell

Registered Users (C)
Hi all,
I have seen similar question in different threads but could not get an exact answer for the same. Heres the question:
Q) If I apply for my OPT in August or September 2006 and start working on OPT and then my employer petitions for my Advanced Degree H1B (since I will be having my Masters by December 2006) by April 2007, when can I start working once approved?
I am asking this becuase if I can start before October 1st 2007, then I won't go out of status between my OPT expiration (August or September) and October 1st.
Please help,
Max
 
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maxwell said:
Hi all,
I have seen similar question in different threads but could not get an exact answer for the same. Heres the question:
Q) If I apply for my OPT in August or September 2006 and start working on OPT and then my employer petitions for my Advanced Degree H1B (since I will be having my Masters by December 2006) by April 2007, when can I start working once approved?
I am asking this becuase if I can start before October 1st 2007, then I won't go out of status between my OPT expiration (August or September) and October 1st.
Please help,
Max
Click to expand...
If you could apply before FY2007 quota was gone, you can set your start date anytime after Oct 2006. However, you need to remember that H1 start date must be set within 6 months from H1 filing. So, if you applied in Jan 1, your start date on petition should be earlier than June 1.
 
thank you for your reply, it was really helpful.
I will be graduating in December 2006. Is there a way to have my H1B filed before I graduate for Advanced Degree Quota by getting a letter from the University or something like that that states that I will be graduating in December 2006???
Thanks again,
Max
 
No, you can not apply for H1 w/o degree.. The best option in your case is forget about H1 this year and apply for OPT in this Aug/Sep(or Oct if possible as it makes it very clear that you'll be in status in Oct 2007 and CIS wont mistakenly deny your change of status next year). You can apply for H1 in April 2007 for 2008 quota with setting H1 start date on Oct 1 2007. Your OPT will end in Aug/Sep 2007, and as you know, OPT has grace period. If grace period covered til Oct 1, you are always in status.
 
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This information is amazing. Thanks a lot.
I knew that we have a grace period but my understanding is that we are not allowed to work in that grace period (if there is a gap between OPT expiration and start of H1). Please let me know if I am wrong, because if I cannot work in that grace period, I dont think my employer will want to give me a month or two of vacation or rehire me after two months and I believe that is the main problem if I start my OPT well before Oct 1st of 2006.
Thanks again,
Max
 
You are right. No work is allowed during grace period. If you can delay the start of OPT til Oct this year, you can continue your work next year.
 
Immediate start date Advanced Degree H1.URGENT.

Hello,

I have graduated in May 2006 and want to know if an employer files an H1 in the advanced degree quota in April 2007 can the start date be immediate as my OPT expires in May 2007.

Thank you. Please Reply as soon as possible.
 
jackir123 said:
Hello,

I have graduated in May 2006 and want to know if an employer files an H1 in the advanced degree quota in April 2007 can the start date be immediate as my OPT expires in May 2007.

Thank you. Please Reply as soon as possible.
Click to expand...
If you applied in April 2007, the earlist start date is Oct 1 2007. Only case that you can set immediate start date is in case that you file H1 after Oct 2007.
 
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Hi,

I am a bit confused about the start date for the masters exemption. Is it always October 1st or can you start at any time before October 1st for that filing period (i.e. for 2008 filing period next year you could start any time between March and October?). Please help clarify this for me. Thank you!
 
Quota starts every Oct. If you are filing for certain FY, your start date must be after Oct of that FY.
If you file next year, your start date must be after Oct 2007.
 
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