OPT F1 and H1B Grace Period

[nareshpatel]

What is the name of your state (only U.S. law)? New York
Hello There,
I have question regarding my OPT F1 status and H1B visa.
i was graduated on 22 dec 2010 and my OPT started on 19 feb 2011.
do i am still able to grace period?
i am working right now and my employer is ready to file my H1B.
unfortunately the H1B quota for fiscal year 2012 is filled and i left behind.
now my Opt is expire on 19 feb 2011.
do i have grace period to stay ?
during grace period can i apply for H1B visa for fiscal year 2013 on april 1st.
is that good to change my states as student and then get CPT and then apply for H1B?
i really need help with this issues.
Please give me suggestion or recommendation.

Regards
Naresh

 

[ImmigAttyLana]

YOu have a 60 day grace period after your OPT expires. However, you do not need to be physically present in the US in order for a H-1B visa petition to be filed on your behalf on April 1, 2012. In fact, even if you are here to have it filed, the earliest you could start working for the petitioning employer assuming the petition is approved would be October 1, 2012 and you could not get a grace period fo that long. If you absolutely want to stay in the US through October 2012, I would suggest that you see if you can reregister for classes for the 2nd semester, thereby reactivating your F-1 status. For that you will need to contact your school.

Please let me know if you have any additional questions or will need assistance with your H-1B visa petition as I handle these types of petitions for clients nationwide on a daily basis and have quite a few people in your situation at the moment.

 

[nareshpatel]

Thanks you so much Lana,
i still have some questions.
if i apply My H1B for premium processing on April 1 2012, then how long it takes to get approved and if its approved then when can i start working.
i heard about H1B Cap-Gap. if i am eligible for Cap Gap then how long i can stay in US and start my Job.

Sincerely
Naresh

 

[ImmigAttyLana]

Even if you file through premium processing and your petition is approved within 15 days of April 1 you still cannot start working until October 1 because the petition can only become valid when the visa numbers are available and the visa will not be available until the start of the next fiscal year, which will be October 1, 2012.

The cap gap may be of help to you if your H-1B visa petition is submitted during your grace period after the termination of your OPT. You will need to provide evidence of the timely filed H-1B visa petition to the DSO at your school.

 

[nareshpatel]

Thanks Again Lana
so would it be Okay if i apply for H1B during Grace period?
I heard that during grace period we can not apply for status change.
can i stay in US with Cap Gap till October 1, 2012 if H1B is approved ?

please advice me in detail regarding this.

i am so grateful to you Lana,
this is really helpful to me.
i am thanking you from bottom of my heart.

Sincerely
Naresh

 

[ileshphysio]

F-1 getting expire and H1B on OPT

Hello,

I will graduate in may 2014 and i will get 1 year OPT from july 2014, But my F-1 visa getting expire on December 2014 so my concern is about my status after my F-1 visa expiration in December 2014. Moreover can i apply for H1B VISA in APRIL 2015? as my visa will get expire in december 2014!!!

Please help me with this>..

Thank you,
Ilesh