Urgent question of Cap Exempt h1b filing during grace period

[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

[wiweq]

"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"

=> I have never heard about PWD. Generally, LCA is enough to get prevailing wages for the position. The LCA decision takes 5-8 business days.

[aspramana]

Hi,

Am I come under Cap? Here are my details.

Here are the details; Please let me know your comments weather I come under Cap or not.

I entered into US in Oct-2006 and joined in job in Dec-2006 and worked till June-2008.

I am back to India in July - 2008. My H1 expired in 2010.

Company A filed my first H1. My First H1 period was from 10/23/2005 to 10/01/2008.

I transfred my H1 to Company B after working in Company A for 3 months.

After i transfer to Company B I got H1 from 06/22/2007 to 03/15/2010.

I am in India from July 2008. Am I come under cap H-1B Fiscal Year (FY) 2014 Cap Season?

Please reply me urgently.

Regards, Sri