Application Of H1B after the due date

[Girish Boyanala Vinod]

Hello ,

My application was at the USCIS office on June 13th 2012 ..that is after the quote is over . I have got my application back to my lawyer on July 9th stating the applications are full . Is there any possiblity that my application would be asked by the USCIS for the processing if any rejections happens. More over my OPT is going to end on March 3rd 2013 . What will be the solution if my H1B application is not accepted this year and how would i apply H1B for the next year

1. Should I join the School and get CPT and apply for the H1B.

2. Should i able to apply H1B in 60 days grace period that is given by the USCIS for the change of status.

please give the solution on this ..it would be very greatful to me .

Thanks,

Girish

[rahul412]

1. Should I join the School and get CPT and apply for the H1B.

2. Should i able to apply H1B in 60 days grace period that is given by the USCIS for the change of status.

Thanks,

Girish

1. This won't work

2. I think you can apply for H1B next year.But can't work till Oct 1st. Wait for more replies..!!

[JoeF]

They won't accept any more applications, period.

Also, forget CPT. That would be abuse of the F1. And no real, accredited university gives out CPT to somebody who just signs up, anyway. This kind of CPT abuse would be a sure way to kill your career in the US.

An H1 can be filed in the 60 day F1 grace period. You can stay until October, but since your OPT is expired before April 1, you will not be able to work until October.

[wiweq]

USCIS for the processing if any rejections happens. More over my OPT is going to end on March 3rd 2013 . What will be the solution if my H1B application is not accepted this year and how would i apply H1B for the next year

=> They accepted more than quota inclusing rejection and denials, so no more H1b for this year.

Should I join the School and get CPT and apply for the H1B.

=> Joining school for CPT intent is against immigration regulations. Think twice before taking this step.

Should i able to apply H1B in 60 days grace period that is given by the USCIS for the change of status.

=> An H1b can be filed in 60 days grace, but you won't be able to work in those 60 days and neither will you get CAP-Gap benefit. You would have leave USA from March 3rd, 2013 to Sept 30th, 2013.

[pontevecchio]

You can apply during the grace period through an employer. Since you cannot work till October,2013 you can plan to leave after approval and come back on the H1 visa at the appropriate time.

[Girish Boyanala Vinod]

Hello Joe,

If i get the H1B Approval in between 60 days grace period ..I will not be working until october as you said . Until october should i able to stay in US, if my H1B gets approved or else should i go back to india and come back after my H1B Visa Starts.

[wiweq]

"If i get the H1B Approval in between 60 days grace period ..I will not be working until october as you said . Until october should i able to stay in US, if my H1B gets approved or else should i go back to india and come back after my H1B Visa Starts.

"

=> You would HAVE to leave USA in 60 days grace peiord. If H1b approves, you can come back again and start working from Oct 1st.

[JoeF]

Hello Joe,

If i get the H1B Approval in between 60 days grace period ..I will not be working until october as you said . Until october should i able to stay in US, if my H1B gets approved or else should i go back to india and come back after my H1B Visa Starts.

If an H1 is filed within the f1 grace period, you can use the cap-gap provisions to stay until the H1 starts on October 1. However, you would not be able to work until the H1 starts.

In practice, that means that it is unlikely that you can stay the whole 6 months. After all, it costs a lot of money to rent an apartment, buy food, etc., and you are not earning any money. So be prepared to leave the country and come back with an H1 visa late September/early October.

[pontevecchio]

If your H1 is filed in the grace period with COS you can stay till they decide or till October,1 without working. Also please read my previous reply. Staying here without working could be a pain.