very complex case??

[veerun14]

i am in USA. my current status is OPT

my opt expires by June 6th.

My current employer will file for H1B now.

Case: 1 Let us say it is in process at USCIS (not yet approved)

Now, if i get a new Job at another company and let us i can ONLY join that company on June 1st. That new company cannot process a new H1B by June 6th. What are my options in this case

Case 2: Let us say that my current companies H1B got approved before June 1st (that date of the new company)

because it is approved, can i transfer my H1B to new Company after June 1st

what are my options in this case

thanks in advance

veeru

[veerun14]

i bet some one must have come across this kind of situation....

if so, can you please shed some light on this

[redgreenbluee]

please consult a lawyer.

you need to check cap-gap rules in terms of your timeline. cap-gap will allow you to extend your stay until start date 10/1, under some circumstances, it will also extend your OPT work authorization. for more details, you should consult your school DSO.

i am in USA. my current status is OPT

my opt expires by June 6th.

My current employer will file for H1B now.

Case: 1 Let us say it is in process at USCIS (not yet approved)

Now, if i get a new Job at another company and let us i can ONLY join that company on June 1st. That new company cannot process a new H1B by June 6th. What are my options in this case

Case 2: Let us say that my current companies H1B got approved before June 1st (that date of the new company)

because it is approved, can i transfer my H1B to new Company after June 1st

what are my options in this case

thanks in advance

veeru

[Rocky saha]

Veeru,

First of all even if the H1 gets approved before June 6th, it will be active only from October 1st 2012. So the time from June 6th to October 1st you will be out of status. Yes !!

So if you are from STEM extend the OPT, if not two choices :

1. Go back to india and on approval come back in October after visa stamping.

2. if you think and are willing, you can go for other education (college), that way you will be in status till October. Also they might approve CPT for you to work (but it would not be more than 1 sem. ie 4 Months, think that may be good enough for you).

Forget about changing the employer until you get H1 (latter you can transfer your H1 or parallely file a new H1 from new company).

Instead focus on your out-of-status issue.

[pontevecchio]

A very interesting question. You are asking if cap gap applies to you if you change employers on OPT while an H1 petition is pending. Assuming your university is accredited I would suggest running the scenario by your DSO.

Company B would also need to file and get a H1 petition approved were you to want to work for them in H1 status after October,1.

[BigJoe5]

8 CFR § 214.2 Special requirements for admission, extension, and maintenance of status.

*****

(f) Students in colleges, universities, seminaries, conservatories, academic high schools, elementary schools, other academic institutions, and in language training programs

*****

(5) Duration of status —

*****

(vi) Extension of duration of status and grant of employment authorization.

(A) The duration of status, and any employment authorization granted under 8 CFR 274a.12©(3)(i)(B) and ©, of an F–1 student who is the beneficiary of an H–1B petition and request for change of status shall be automatically extended until October 1 of the fiscal year for which such H–1B visa is being requested where such petition:

( 1 ) Has been timely filed; and

( 2 ) States that the employment start date for the F–1 student is October 1 of the following fiscal year.

(B) The automatic extension of an F–1 student's duration of status and employment authorization under paragraph (f)(5)(vi)(A) of this section shall immediately terminate upon the rejection, denial, or revocation of the H–1B petition filed on such F–1 student's behalf.

© In order to obtain the automatic extension of stay and employment authorization under paragraph (f)(5)(vi)(A) of this section, the F–1 student, according to 8 CFR part 248, must not have violated the terms or conditions of his or her nonimmigrant status.

(D) An automatic extension of an F–1 student's duration of status under paragraph (f)(5)(vi)(A) of this section also applies to the duration of status of any F–2 dependent aliens.

[veerun14]

thanks all

@rockysaha

First of all even if the H1 gets approved before June 6th, it will be active only from October 1st 2012. So the time from June 6th to October 1st you will be out of status. Yes !

rocky....i am on OPT and OPT F1 students have a cap-gap programme that allows them to work between june and october

@

pontevecchio

have u come across cases like this.

@bigjoe

i appreciate your help, but i couldn't get what you are saying. can you please elaborate

[kalyan_ac]

BigJoe5' comment says that you will be in status between June and October as long as you have not violated your immigration status before and filed the h1b petition in time.

There is no such thing as transfer, its a new H1b petition. You can change the company by filing a new petition as long as you have a the required documents.

[BigJoe5]

Those are the pertinent regulations that would apply to you. Extension of work authorization is contingent on timely filing of the I-129 for the H1-B. Timely filing is critical to these provisions. IF you can't understand it, then rush to a lawyer.

[pontevecchio]

Ask your DSO about your specifics vis a vis cap gap and/or discuss your issues with a Lawyer.

[bhushanb]

Hi, I had a similar situation, but without the complexity of the OPT expiry.

This is what I did.

I informed the HR and the Attorney of the new Company of the fact that my H1B from old company was under Processing and they decided to apply for a petition immediately.

Once my offer was confirmed and I was givena green signal by HR (who really understood my situation) I put down my papers at the old company and also politely requested them to withdraw their Petition for which they agreed, and all was good.

So, in addition to what I did, you could also apply for a STEM OPT Extension if you are eligible, or you could request your new company to apply for Cap-Gap. I am not sure how Cap-Gap works, so you mmight want to consult somebody for it.

Hope this helps.

[veerun14]

thanks immigrationSeeker

one more question:

when my h1b is approved with the first company and i switch to another company, are you saying i still need to file for a new H1B petition again.

Why will H1 transfer work in my case

please let me know

[BigJoe5]

thanks immigrationSeeker

one more question:

when my h1b is approved with the first company and i switch to another company, are you saying i still need to file for a new H1B petition again.

Why will H1 transfer work in my case

please let me know

You really need to consult a lawyer before you screw yourself into a bad situation. You don't seem to grasp the process, so get help fast or you are sure to mess up badly and cause iirreparable damage for life.

[kalyan_ac]

thanks immigrationSeeker

one more question:

when my h1b is approved with the first company and i switch to another company, are you saying i still need to file for a new H1B petition again.

Why will H1 transfer work in my case

please let me know

Yes any company you work for will have to file for a h1b for you.