H1 in process and OPT expired

[chetansaip]

Hi

 

My OPT ends on 11/20/2015. My employer is filing H1 next week in premium (project start date is from H1 approval date). What if my H1 approval doesn't come before my OPT end date.

[jairichi]

Based on a timely filed COS petition you will be considered under valid status till a decision is taken on your H1B petition.

[chetansaip]

Thanks Richi

[pawanismfan]

Is your employee a Non Profit Organization? If not your employer should file H1 for next fiscal year April 2016. 

[Attorney_15]

 

Hi

 

My OPT ends on 11/20/2015. My employer is filing H1 next week in premium (project start date is from H1 approval date). What if my H1 approval doesn't come before my OPT end date.

 

 

Since this is presumably talking about a cap exempt H1B Petition, if the employer files the H1B petition within the 60 day grace period following the end of OPT, the change of status can generally be requested and approved. While the petition is pending and after the OPT expires (even during the grace period) there is normally no authorization to work. The pending petition only provides a period of authorized stay to remain in the United States.