Status Issue!

[tamil530]

Greetings,

I am going to finish my graduation by april 30. My company is filing my H1B on April 1, 2012. If it is approved, I am going to start work by October 1.

My question is during the period from May to Oct., whether I am out of status or I am fine because I already filed for H1B.

Please help me regarding this one.

Thank You

[Chitown01]

Won't you apply for OPT?

[tamil530]

My OPT is got rejected. Since, I used for 3 months when i did my first master here(MA).

Thats why I have the doubt. Thanks.

[pontevecchio]

Talk to your DSO/ISA about cap gap.

[JoeF]

If you can't use OPT, you have 60 days after you finish your studies to leave the country. Having an H1 doesn't change that, if the H1 starts on Oct. 1. You would still have to leave, get an H1 visa, and you can enter with the H1 visa up to 10 days before the H1 starts.

[pontevecchio]

Cap Gap means that if the H1 sponsor applies for the H1 petition during your grace period with COS you can stay till the H1 kicks in and not work. That is the fact. Of course you may leave and come back with the visa.

[pontevecchio]

http://internationaloffice.berkeley.edu/students/training/f-1/cap-gap

[tamil530]

Thanks for everyone. Still I have a doubt. Whether I can stay here up to Oct 1 or I have to leave the country?

Or I have to enroll into some programs to maintain my F1 Status for summer?

Thanks in advance.