Please suggest (My OPT ends in a month... And my employer applying my H-1)

[nani_ketr]

Hi Everyone, My OPT ends in a month and my employer applied for LCA. Once LCA approves then he said he will file for H-1. But I am in a confused state now, I had few questions regarding OPT and H1. Please let me know if any one knows answer for this:

1) My OPT gonna ends in July.

2) Employer filed LCA (two weeks before).

3) After he files H-1 premium processing, usually how long the processing time gonna take?

4) What if there is a query, will I be able to stay in USA (after my OPT end date) until I resolved the query or do I have to leave this country? (This is main question I had)

Please let me know if any one knew any kind of solution...

[immigrant_rookie]

Originally posted by vickyyerneni:

3) After he files H-1 premium processing, usually how long the processing time gonna take?

---> 15 calendar days.

4) What if there is a query, will I be able to stay in USA (after my OPT end date) until I resolved the query or do I have to leave this country? (This is main question I had)

---> Yes. There is something called "cap-gap" extension. Please google the term and ask your DSO for more information. To be eligible for cap-gap, make sure the H1B requested start date is Oct 1st.