sunitayousuf Posted February 9, 2014 Report Share Posted February 9, 2014 I just completed my Bachelors at a university in the US. My OPT started in January 2014 and expires in January 2015. My employer says he will only be able to process my H1b application in April 2015 which means it will be effective from October 2015. What are my legal difficulties between my OPT expiration and H1b starting? What is going to be my legal status? Is there any way the company can do anything about extend my OPT or anything related to fix this gap? Link to comment
pontevecchio Posted February 9, 2014 Report Share Posted February 9, 2014 You are not eligible for cap gap. You will have to leave within 60 days of OPT end and if the H1 petition is approved you can get a H1 visa and come over up to 10 days before the start date. When exactly does your OPT end? Which specific date? Link to comment
jairichi Posted February 9, 2014 Report Share Posted February 9, 2014 I just completed my Bachelors at a university in the US. My OPT started in January 2014 and expires in January 2015. My employer says he will only be able to process my H1b application in April 2015 which means it will be effective from October 2015. What are my legal difficulties between my OPT expiration and H1b starting? What is going to be my legal status? Is there any way the company can do anything about extend my OPT or anything related to fix this gap? Check cap gap eligibility. You might or not fit in the 60 day grace period as your H1B petition should be selected in lottery within the 60 day grace period. H-1B petition (indicating change of status rather than consular processing) was filed during the H-1B acceptance period which begins April 1, 2013 while the student's authorized F-1 duration of status (D/S) admission was still in effect (including any period of time during the academic course of study, any authorized periods of post-completion Optional Practical Training (OPT), and the 60-day departure preparation period, commonly known as the "grace period"). Link to comment
t75 Posted February 10, 2014 Report Share Posted February 10, 2014 You will be unable to work. It is not true that he cannot file until 2015. Hee just wants to avoid tax liabilities as long as possible. Find a new employer to file in 2014 Link to comment
rahul412 Posted February 10, 2014 Report Share Posted February 10, 2014 I just completed my Bachelors at a university in the US. My OPT started in January 2014 and expires in January 2015. My employer says he will only be able to process my H1b application in April 2015 which means it will be effective from October 2015. What are my legal difficulties between my OPT expiration and H1b starting? What is going to be my legal status? Is there any way the company can do anything about extend my OPT or anything related to fix this gap? why not H1 this year??? Did you ask him?? Once your OPT is exp either you have to file for ext (if eligible ) or COS to dependent status or leave US. Link to comment
pontevecchio Posted February 10, 2014 Report Share Posted February 10, 2014 The D/S expires in March for the OP. She cannot have a H1 filed in April and still avail of cap gap. Link to comment
sunitayousuf Posted February 11, 2014 Author Report Share Posted February 11, 2014 You are not eligible for cap gap. You will have to leave within 60 days of OPT end and if the H1 petition is approved you can get a H1 visa and come over up to 10 days before the start date. When exactly does your OPT end? Which specific date? My opt ends on 20th January, 2015. So youre saying that I need to get my H1b approved this April, 2014? Link to comment
jairichi Posted February 11, 2014 Report Share Posted February 11, 2014 My opt ends on 20th January, 2015. So youre saying that I need to get my H1b approved this April, 2014? That is right. Link to comment
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