Hi,

I am still a student on F1 right now but will graduate on May and I have some questions on the Gap between OPT and H1-B.

I am applying for my OPT and it should be effective from June 1st or July 1st. As far as I know, H1-B will be effective from Oct 1st each year.

So, if I apply for the H1-B visa next year and get approved, there is still a gap between the OPT expiration date and H1-B effective date(from June to Oct). At that time, will I be legal or illegal staying in this country? And, can I work during that time?

BTW, what is the regular process for people on OPT to apply for H1-B? Since the OPT expiration date varies for different people, do they apply for H1-B prior to April? Or they just apply whenever their OPT is going to end?

Thank you for your answers in advance! I am really confused here.

Have a nice day to you all!!

Kuan

These questions are LEGAL questions for an immigration attorney, NOT tax questions.

Please transfer to the LAW forum.