Cap-exempt H1B: OPT end date to H1B start date gap


pleiades

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Hi,

My F1 OPT expires in a week and my university filed for my H1B over two months ago under the cap-exempt category (it is still under initial review). I just overnighted my premium processing petition today and it might take up to 15 days to get approval. Unfortunately, I might have a few days between when my OPT expires and my H1B kicks in when I will go on the "grace period". While I am on the grace period, my department thinks it is ok for me to just go on a leave of absence (I will go off payroll, but my benefits, access to library etc., and affiliation with the university will be current). However, the international office thinks that I should certainly go off pay-roll and I might also need to go off benefits etc., during the grace period. In that case, my university might have to terminate my employment once the OPT expires and rehire me after my H1B is approved (this is rather quite painful since the system requires that the recommendation letters be re-obtained, application material be re-submitted). If anyone has gone through a similar situation, I would appreciate any comments/insights.

Many thanks!

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