File H1B During 60 Days' Grace Period After OPT Expires

[yili0910]

I have an urgent question that I will appreciate your help.

My case:

I am in F-1 opt status and my OPT will expire May 31st, 2013

I was hired by a University Mar 18th, 2013 which qualifies for cap-exempt h1b therefore quota and Apr 1st is not a problem

The University initiated a Prevailing Wage Determination (PWD) Request Mar 20th, 2013 and National Prevailing Wage Center said it will take at least 60 days to response, which means that there is a great chance that the University will not be able to file my H1B application before May 31st in order to get me a cap-gap extension

Now my questions are:

1. I know officially it says 60 days, however, practically does anyone know the average processing time of PWD as of first season of 2013

2. Can I file my h1b application during my 60 days' grace period after OPT expires?

3. Can I continue staying legally in US after 60 days if an h1b is filed?

4. Will there be a Oct 1st start date limitation for cap-exempt h1b? Since the University wants me to start Aug 15th. I think the cap-exempt does not have a set start date?

Thank you so much.

Thanks,

LY

[JoeF]

Cap-exempt H1s can start at any time.

An H1 can of course be filed during the F1 grace period, and you are legal while the H1 is pending. You can not work until it is approved, of course.