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-   -   The gap between OPT and H1-B (https://www.askmehelpdesk.com/showthread.php?t=64620)

  • Feb 20, 2007, 11:01 AM
    yangkuan81
    The gap between OPT and H1-B
    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
  • Feb 24, 2007, 07:19 PM
    manishv1984
    Quote:
    Originally Posted by yangkuan81
    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
    Hey,

    I'm currently in the situation that you will be going to be in next year (the gap period). To answer your question you can stay in the country for up to 60 days AFTER your OPT has expired. You CANNOT work for an employer after your OPT has expired, even during the grace period. You WILL need to leave the country after 60 days and re enter ONLY after Oct1st. To make a long story short: lets say your OPT starts June 1st 2007. You can work with your employer till May31st 2008. You will need to stop work on May 31st 2008. You can stay till 60 days after May 31st 2008. You will need to leave the country after 60days+May31st 2008 and re enter only after Oct 1st 2008.

    DONOT wait for your OPT to expire to apply for H1-B. With the backlog I'm hearing, your H1-B petition must be in the government's hands on April 1st.
  • Apr 7, 2007, 05:21 PM
    Fullspan
    Quote:
    Originally Posted by yangkuan81
    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
    Do one thing. If you haven't apply for the graduation or OPT, You better delay your graduation. Graduate at the end of summar. Say mid of July. Get your opt started in mid of August. And you should be OK. Otherwise, YOU WILL BE SCREWED LIKE ME. Take one summar class and keep finding the job. Believe me its less pain.
  • Jan 19, 2008, 09:16 AM
    blueeyesblue
    Quote:
    Originally Posted by yangkuan81
    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

    This year I am facing the same issue... opt ending in may... got a job... I want to cover the gap between opt and h1b... please let me know how you managed this situation last year... my email id is [email protected]
  • Jan 27, 2008, 12:56 PM
    raj83168
    I'm graduating this may( spring 08) technically, bt taking an extra course to push my graduation to summer (aug 08) fr the same reason. I think that would be the safest way to be.

    Good luck

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