OPT to H1b on a Short Term Contract - Need Expert Advise

[pluto00]

Hello friends,

My OPT expires Dec 2013, my current contract will expire in Oct 2013 and I am planning to file H1b in April 2013. I have a few questions regarding this situation.

1. Would my April 2013 H1b application get approved considering my contract expires on OCT 2013 and my OPT is valid through Dec 2013?

2. If H1b get approved, what are the chances that it will be approved for 3 years?

3. I get paid by hour, I don't get paid when there is a mandatory vacation at client site and on holidays. Would this be a problem while filing H1b?

Folks please share your opinions. thank you!

[JoeF]

On H1, you need to get paid all the time, no matter what.

[sravikumar]

Your H1 will be approved without issues. Usually the initial approval for 3 years is only based on the employment offer from your employer the client project letter just states that he has a contract ready for you. (It has become major documentation these days). Usually they say 6 months or more contract will be sufficient enough, and about tenure is always in hands of USCIS. My extension got approved for 3 years with a 6months offer letter from Client. It's always case to case basis though. Good Luck!

[rahul412]

1. Would my April 2013 H1b application get approved considering my contract expires on OCT 2013 and my OPT is valid through Dec 2013?

2. If H1b get approved, what are the chances that it will be approved for 3 years?

3. I get paid by hour, I don't get paid when there is a mandatory vacation at client site and on holidays. Would this be a problem while filing H1b?

1. If the submitted documents state that your current project ends before you OPT expiration, then your petition may be rejected. It's better to find long term project before filing H1

2.It depends upon the submitted documents

3.Not a problem, on H1 your pay shouldn't be less than what mentioned in LCA.

[pluto00]

Thank you for your time and opinion JoeF, rshobha and rahul412. I really appreciate it folks.

Now I am little confused and concerned regarding my H1b application in April 2013. Has anyone experienced or heard of H1b gets approved or rejected in situation mentioned in my question 1 where client job/project contract ends before OPT expiration?

1. Would my April 2013 H1b application get approved considering my contract expires on OCT 2013 and my OPT is valid through Dec 2013?

[rahul412]

1. Would my April 2013 H1b application get approved considering my contract expires on OCT 2013 and my OPT is valid through Dec 2013?

Okay, think practically.

Your OPT is expiring in Dec 2013 and project in Oct 2013, and still you have 2months of valid OPT after completion of your current project.So how can you expect H1 to be approved for three years if your project is ending in Oct 2013.