When to File H1B ?

[deepthivasireddy]

Hii,

I am a student on OPT extension which is valid till feb 27th 2014. But my F1 got expired on Aug 2012.

Can I apply H1 next year? as there is 1month time after my OPT gets expired and my H1 filing?Please suggest any options.

Thank you.

[chtummala]

you can apply but you cannot work till OCT1 ..

i suggest you to file it this yr

[rahul412]

Hii,

I am a student on OPT extension which is valid till feb 27th 2014. But my F1 got expired on Aug 2012.

Can I apply H1 next year? as there is 1month time after my OPT gets expired and my H1 filing?Please suggest any options.

Thank you.

If your employer is willing to file this year then go ahead, in the worst case if something goes wrong you still have OPT.

But if you file next year, then you have to wait till Oct to start working on H1.

[deepthivasireddy]

Hii,

Thank u for the reply. Actually the problem is my present employer is not willing to file my H1 so I guess if its possible I will file next yr. But is there any way that after applying to H1 next year I can apply for cap gap and work till oct? So mean while can I stay in US or have to leave to India ? Can you please provide me with the information

Thank u

[deepthivasireddy]

If your employer is willing to file this year then go ahead, in the worst case if something goes wrong you still have OPT.

But if you file next year, then you have to wait till Oct to start working on H1.

Hii

Thank you for the reply. The problem is my current employer is not willing to apply for H1.So I have to find a new job. And also is there any way that i am eligible for cap gap and work on that status till oct? and do I have to leave US immediately after my opt expires till I file H1? or can I do volunteer work to my employer for that six months? I work for a pharmaceutical lab ,So I am afraid I cannot work from India or somewhere else till I get H1.

Thank you.

[chtummala]

Hii

Thank you for the reply. The problem is my current employer is not willing to apply for H1.So I have to find a new job. And also is there any way that i am eligible for cap gap and work on that status till oct? and do I have to leave US immediately after my opt expires till I file H1? or can I do volunteer work to my employer for that six months? I work for a pharmaceutical lab ,So I am afraid I cannot work from India or somewhere else till I get H1.

Thank you.

you can eligible for cap gap but you can not work ..

[rahul412]

Hii

Thank you for the reply. The problem is my current employer is not willing to apply for H1.So I have to find a new job. And also is there any way that i am eligible for cap gap and work on that status till oct? and do I have to leave US immediately after my opt expires till I file H1? or can I do volunteer work to my employer for that six months? I work for a pharmaceutical lab ,So I am afraid I cannot work from India or somewhere else till I get H1.

Thank you.

You cannot work during the cap-gap period. That's why I am advising you to file H1 this year so that you can work continuously.