F1 OPT to H1B Information

[harebabu]

Hi All,

I have an urgent query. currently i am on F1 status with 17 month extended OPT which is due to end on December 15th. My employer has filed for H1b through premium processing seeing that there is still H1b cap available. Now my question is that,

If i dont get a response on the H1B before decmeber 15th.

1) Am i legally allowed to stay here in the country?

2) If i am allowed, then how long?

3) If allowed, can i work during this period until i get the H1B, since i am currently on OPT extension when the H1B is applied?

Thanks in Advance for your replies.

[JoeF]

The F1 has a 60 day grace period. Also, you are legal while the H1 petition is pending.

You can not work after your OPT expires, until the H1 is approved.

[harebabu]

Thank you very much for your prompt reply

[daya007]

Hi

Submit your receipt num to International student office of ur univ. They will give you a new i20 stating that you are legal to work and in cap-gap after ur opt expiry. That i20 should be enough to prove you are legal to work.

[MOG]

Premium processing takes only 15 days and you should get your visa long before December 15th. You can start working on H1-B visa once employer gets a receipt from the USCIS (no H1-B approval required). However, it is better to use all your available dates on OPT since those days will move your cap-out date on H1B. You might need those 1-1.5 months you still have in the future to have more time for the green card process. I have only 3 months left on my H1-B and it cannot be extended beyond 6 years in my case, but my green card process has not been finalized yet. I can stay in the US after my H1-B cap-out date until I get a final decision from the USCIS, but I will not be allowed to work if I don't get EAD card before then and until I get it. I was told that I will have to take an unpaid leave if it plays out this way.

[sandeep.yours]

Hi All,

I have a similar situation. Please let me know if I am allowed to work till I H1b Visa decision is made. My Cap Gap I-20(F1 visa) was till Sep-30. My H1b application was received by uscis on July 1. We have submitted additional documents requested by USCIS in October 2 week. My H1b is still under review. Please let me know if I am allowed to work till a decision is made.

Thanks in advance for your help

[pontevecchio]

"You can start working on H1-B visa once employer gets a receipt from the USCIS (no H1-B approval required). "

In the case of a person awaiting his/her first H1 the approval is mandatory.

[sandeep.yours]

Hi

Submit your receipt num to International student office of ur univ. They will give you a new i20 stating that you are legal to work and in cap-gap after ur opt expiry. That i20 should be enough to prove you are legal to work.

"You can start working on H1-B visa once employer gets a receipt from the USCIS (no H1-B approval required). "

In the case of a person awaiting his/her first H1 the approval is mandatory.

We requested F1 change of status from F1 to H1 on Oct1. My opt expired on Sep30. H1 is still under processing(I have the receipt number). Can I request for new I-20 and start working till H1 is approved?

If the H1 is approved what will be the start date of it (oct 1 or Approved date?)

[JoeF]

Hi

Submit your receipt num to International student office of ur univ. They will give you a new i20 stating that you are legal to work and in cap-gap after ur opt expiry. That i20 should be enough to prove you are legal to work.

Not if the H1 start date is after Oct. 1.

And even with an Oct. 1 start date, the person can usually not work from Oct. 1 if the H1 is not approved by then.