will applying for H1B and joining in 2008 invalidate my OPT

[maxbayes]

Hi

I am on a F-1 visa planning on graduating around December. I have a job offer and the company wants to apply for my H1B visa right now as there're some visas left in the Masters degree exemption. I would be joining the company in Dec 2007, but that date isnt final. It could even be around Jan or early Feb. The company wants to apply right now to avoid any problems with the availability next year. My questions are
1) Can they give a join date of Dec and say If I dont graduate in Dec but in Jan, would this pose any problems with respect to my F-1 visa/status.
2) When would my OPT status end. I hope to begin my OPT around Dec/Jan depending on the graduation date, but by then my H1 would've been approved.
3) Is it possible for file for an H1 with a start date of say March or April 2008 (as my OPT can bridge the gap between my graduation and the start date)
3) Is this a common thing to apply for visa a year in advance. I have not accepted the offer yet but am planning to do so in the next couple of weeks. Would filing for an H1 bind me to work for them.

Thanks

 

[great guru]

z

Hi

I am on a F-1 visa planning on graduating around December. I have a job offer and the company wants to apply for my H1B visa right now as there're some visas left in the Masters degree exemption. I would be joining the company in Dec 2007, but that date isnt final. It could even be around Jan or early Feb. The company wants to apply right now to avoid any problems with the availability next year. My questions are
1) Can they give a join date of Dec and say If I dont graduate in Dec but in Jan, would this pose any problems with respect to my F-1 visa/status.

If your H1 is based on US MS Degree, to apply your H1 you must have your degree in your hand. If you are going to apply H1 based on yur BS degree, it is too late. You have to wait until April 1, 2008.

But if you have Ms degreee and you are on OPT then you can request USCIS to mention start date your desired date in the H1 approval.




2) When would my OPT status end.

OPT is usually 12- 14 Months.

I hope to begin my OPT around Dec/Jan depending on the graduation date, but by then my H1 would've been approved.
3) Is it possible for file for an H1 with a start date of say March or April 2008 (as my OPT can bridge the gap between my graduation and the start date)
3) Is this a common thing to apply for visa a year in advance. I have not accepted the offer yet but am planning to do so in the next couple of weeks. Would filing for an H1 bind me to work for them.

Thanks

 

[maxbayes]

z

I have a MS degree from US and am currently working towards a PhD. So I am eligible for the quota but would not be able to join til Dec or Jan.

From what I've read the desired start date has to be within 6 months. Is it possilble to amend it to delay the start date (maybe at a later stage)

When will my status change from F-1 to H-1. I dont want it to change before my graduation date (Dec07/Jan08).

 

[radhagd]

Not correct

"But if you have Ms degreee and you are on OPT then you can request USCIS to mention start date your desired date in the H1 approval."

The above statement by great guru is not correct.

you cannot request start date at your desired date. If you apply now(ie April 14th) you can reqest start date as Oct 14th(not beyond 6 months from the date of filing). I checked with 2 lawyers. They both said same. Check with your lawyer.

 

[maxbayes]

"""
you cannot request start date at your desired date. If you apply now(ie April 14th) you can reqest start date as Oct 14th(not beyond 6 months from the date of filing). I checked with 2 lawyers. They both said same. Check with your lawyer.
""

I got the same answer from my university. But they also said that it might be possible to amend the date later on. They didnt know much about it as they dont come under the quota so frankly dont care.