Stuck in the H1b fiascle


champ7289

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Hello,

I will get down to the point straight away. I just finsihed my MBA from a top 10 university in dec 2012 and my opt started from jan 7 ,2013 to jan 6 ,2014. I am currently working in a senior management role for a fotune 100 company. they filed for my h1b under premium processing but I am guessing I didn't get it because I still haven't received anything.

So here are my concerns:

  1. As my opt grace period expires before April 1 ,2014 I cannot apply for cap - gap. Is that right?
  2. The company is willing to leave my position vacant between Jan 2014 to Oct 2014 in case I want to give H1b another shot next year. In this case, can i again apply under the advanced degree cap?
  3. I have a valid b1/b2 visa as well along with my student visa. Can I just switch from f1 to b2 after my grace period ends or do I have to go out of the country to do that and then continue to stay till Oct next year?

Thanks in advance.

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