Currently F1 applied for H1b, can i also file OPT

[vtati]

Hi,

I'm currently pursuing MS in software engineering and i'm on F1. I recently got a full time offer and the company filed my H1B on Apr 1st 2012. I'm planning to graduate in July 2012. As per my knowledge the H1B start date will be from Oct 1st 2012. As i'm planning to graduate in July, I would like to file my OPT in May i.e with in the 90 days period, so that i can get the OPT and join the company who has filed my H1 on OPT after july and continue till Oct 1st and after Oct 1st i will be on H1B.

1st question : Can i apply the OPT when my H1b application is pending or approved.

2nd Question: Will there be any kind of query raised if i apply OPT when my H1b is approved or pending.

3rd Question: What will be my status when my H1B is approved till oct1st as the H1b start date is Oct1st.

Thanks

Gyana

[livliv]

Yes, you can apply for OPT, that should not be a problem.

[Consultant999]

Yes you can apply for OPT you will be maintaining F1/OPT status till Oct 1 then switch to H1B if approved.

[dele]

Ist Question: Yes, you can

2nd Question: There shouldn't be any problem

3rd Question: If your H1B is approved, it won't kick in till October 1. Until, then you will still be on F1 (via OPT)

NB: I went through the same situation myself a few years ago. My company filed for my H1B on April 1, I graduated in July but b4 I graduated, I applied for my OPT. I started work using my OPT and in October switched over to H1B.

Some people don't like applying for H1B early though and prefer to use their OPT. When you're on OPT, you don't pay Social Security and FICA taxes which means more money in your pocket every month. Once your H1B kicks off, you start paying both of those taxes

[chtummala]

you can apply for opt.. your h1b application does not cause any impact on your opt application ..

for 3rd question before oct1 you will be on f1 if your opt get approves you will under f1-opt and you can work ( there can be other chances to reject your opt but very narrow ) ..

if anything goes wrong you will be under grace period ..