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Transition OPT(F-1) to New H-1

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Hi Seniors.

My OPT is expiring on 12th May 2012.

Employer has started the paper work for new H1-b application process. I am a fulltime employee and the company is NOT e-verify.

So once my h1-b application is filed there are 3 possibilities -- Approval , RFE and Rejection.


1) If I get RFE and process got delay beyond 1st Oct 2012 --can I continue working..?

2) If I get Rejection(after 12th may) what options do I have to continue working.? Or should I do the premium procession to get the decision before end of my OPT (12th May).

My understanding is that if I get the decision before end of my OPT I can apply for OPT extension with some other company.

Please reply


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1. As long as your petition was filied on timely basis, you will fall under cap-gap.

2. You Cannot work if your petition is rejected, Premium Processing is always beneficial you get to know the status within 15 calendar days..

3. You can still apply for OPT extension with the same employer if he gets everified... Your h1 start date is going to be 1st Oct...

If i were you and not sure of the approval... i would get my employer into everify, then get opt extended, file for h1 and wait for result.

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