OPT Expiring, Not applied for H1B

[muralisara]

Hi,

I am new to this forum. My OPT expires on Mar 7 2012 and i didn't apply for my H1B. What happens after Mar 7, will I be eligible for CAP GAP of 60 days and apply H1 on April 1st and get the approval before the 60 day period ends? can i work from Mar 7 th to April 1?? Please help me out on this issue and give me some suggestions.

Thank you.

[muralisara]

Please give me some suggestions.

thanks

[JoeF]

You have a 60 day grace period after the OPT expires. That means you have 60 days to leave the country, but you can not work during that time.

Also, cap-gap doesn't apply to you, since you would have to be in valid OPT when the H1 is filed. Since the H1 can only be filed beginning April 1, cap-gap doesn't apply for you.

Why didn't your employer file an H1 for this fiscal year? There was lots of time.

Your only option now is to leave no later than 60 days after your OPT expires. If your employer files an H1 for next fiscal year, you can come back and start working by Oct. 1.

[FKUJoe]

Hi Murali,

According to your case, get admission in University and stay in status. Or else, apply H1B on April 1st and go for vacation (becuase you won't get vacation time, once you are on H1b - busy life) then come back in Oct 1, 2012.

CAP -GAP

Which petitions and beneficiaries qualify for a cap-gap extension?

H-1B petitions that are timely filed, on behalf of an eligible F-1 student, that request a change of status to H-1B on October 1 qualify for a cap-gap extension

What is “Cap-Gap”?

Current regulations allow certain students with pending or approved H-1B petitions to remain in F-1 status during the period of time when an F-1 student’s status and work authorization would otherwise expire through the start date of their approved H-1B employment period. This is referred to as filling the “cap-gap,” meaning the regulations provide a way of filling the “gap” between the end of F-1 status and the beginning of H-1B status that might otherwise occur if F-1 status is not extended for qualifying students.

[kiran234]

What happens after Mar 7

Your 60 Day grace period starts

Will I be eligible for CAP GAP of 60 days and apply H1 on April 1st and get the approval before the 60 day period ends?

As your OPT is ending before April 1st, You are eligible for CAP GAP only if your employer can file H1B requesting change of status to H1B with a start date of October 1st before your 60 day grace period ends (on or before MAY 4th).

If your H1B is approved your CAP GAP period end date is September 30

Please NOTE ... You are eligible for CAP GAP with out work authorization.i.e is you can stay legally in US but cant work untill OCT 1st

can i work from Mar 7 th to April 1??

NO .. You cant work after Mar 7 . You can only work from OCTOBER 1st , if your H!B is approved with change of status

What if a student’s post-completion OPT has expired and the student is in a valid grace period when an H-1B cap-subject petition is filed on their behalf? It appears that F-1 status would be extended, but would OPT also be extended?

A. That is correct. F-1 students who have entered the 60-day grace period are not employment-authorized. Consequently, if an H-1B cap-subject petition is filed on the behalf of a student who has entered the 60-day grace period, the student will receive the automatic cap-gap extension of his or her F-1 status, but will not become employment-authorized (since the student was not employment-authorized at the time H-1 petition was filed, there is no employment authorization to be extended).

[SP88]

Hello Sir,

I have graduated in May 2011 with a masters degree in Management and information systems (STEM extension not applicable). . My OPT expires on May 28th 2012. I had worked from June 2011- Oct 2011 and resigned in Oct 2011.

Currently,I have a full-time job offer in hand but the employer is not sure about my H1 visa process.

I have a question. Provided I get this job offer, and the employer files my H1 in April 2012, how long can I stay in US and work. Also, I have learned that the H1B quota for 2012 has already reached its maximum limit. Is this true?

What happens if my H1 b visa is filed in April 2012. How long can I stay in US (working)?

Please let me know.

Thanks.

[aruns4]

Hello Sir,

I have graduated in May 2011 with a masters degree in Management and information systems (STEM extension not applicable). . My OPT expires on May 28th 2012. I had worked from June 2011- Oct 2011 and resigned in Oct 2011.

Currently,I have a full-time job offer in hand but the employer is not sure about my H1 visa process.

I have a question. Provided I get this job offer, and the employer files my H1 in April 2012, how long can I stay in US and work. Also, I have learned that the H1B quota for 2012 has already reached its maximum limit. Is this true?

What happens if my H1 b visa is filed in April 2012. How long can I stay in US (working)?

Please let me know.

Thanks.

You OPT only expires on may so you have nothing to worry about. Ask your employer to file your H1b on april 1st. Try premium processing.

Since you're on CAP Gap I believe you can continue working till oct 1st.

[kiran234]

Hello Sir,

I have graduated in May 2011 with a masters degree in Management and information systems (STEM extension not applicable). . My OPT expires on May 28th 2012. I had worked from June 2011- Oct 2011 and resigned in Oct 2011.

Currently,I have a full-time job offer in hand but the employer is not sure about my H1 visa process.

I have a question. Provided I get this job offer, and the employer files my H1 in April 2012, how long can I stay in US and work. Also, I have learned that the H1B quota for 2012 has already reached its maximum limit. Is this true?

What happens if my H1 b visa is filed in April 2012. How long can I stay in US (working)?

Please let me know.

Thanks.

H-1B petitions that are timely filed, on behalf of an eligible F-1 student, that request a change of status to H-1B on October 1 qualify for a cap-gap extension. So if your employer can file H-1B on your behalf,you are eligible for CAP GAP and depending on the outcomes of that petition you can stay upto Sep 30.

As your OPT is still valid while your employer files H1B in April 2012 requesting a change of status to H-1B from October 1, you are also eligible to work during CAP GAP period(May 29th - Sep 30th).