This article is continuation of the previous article When to Graduate : to Avoid OPT Gap Issues. Many students graduating with Masters Degree will have their OPT start date around May 15 2008 and it will expire around May 14 2009. If those students don’t apply for H1B Visa under Fiscal year 2008-2009, then they have 2 options ( as per Zhang and Associates )
So, if your OPT expires before August 1, you would be out of status before the new H-1B takes effect. In order to fix the gap problem, you have two options:
1). You may travel to your home country and apply for an H-1B visa to re-enter the U.S.
2). You can abandon your current F-1 OPT and maintain legal status by enrolling in another F-1 program or change to another status, such as to B-2, in order to keep you in legal status until October 1. Enrolling in another F-1 program is a process that can be handled by the school, does not require filing with the USCIS, and is a relatively quick, practical option. However, you must file for your new status before April 1 in order to include the evidence of your continued status on your H-1B application. According to USCIS regulations, once one obtains a new I-20 by enrolling in the new F-1 program, the old F-1 program will end and the OPT will become invalid for the remaining approved period. The alien will not be able to work from April 1 until October 1.
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{ 9 comments… read them below or add one }
Hi,
I will be applying for the H1-B in April 2009 under the advanced degree quota. I will graduate in Jan 2009 but my degree will not arrive till April 2009.
Can I still apply for the H1B in the advanced quota if my school provides the requisite letter attesting that I have graduated?
@Dipesh: You have to check with your school or immigration attorneys. If you are not enrolled in school, then you will not be in legal status. I don’t know about grace period that you can stay when not enrolled in school.
Hi My H1 be got approved and will be effective oct 1st 2008. I was in school throughout the spring sems doing my mba and I am in summer break right now I am not planning to join school for the fall which starts from 1st week of september. Since there is 1 month gap before my H1 B gets effective will it affect my status?
Hey ‘Dividend growth investor ‘ or anyone who can help…
I am on OPT now and it is scheduled to end on June 20th 2008. My employer has filed for H1 Visa. I hold a Master of Science in Business Admin (Not STEM degree). Will I stell be eligible to stay on after June 20th as the user Divident growth suggests. Or do I have to leave because I am a non STEM student.
@Shikhar:
Yes, students with Master’s degree can apply for H1B even before Graduation, but there is debate among attorneys about if student graduating in May 2008 can apply in April 2008 under Advanced Degree Quota. Some suggest that, get a letter from Graduate School saying student will graduate in May 2008 and apply under Advanced Degree Quota. So, thats left to the attorney who process your H1B application.
Hi,
I was just wondering, Can Masters students apply for an H1-B visa before they get their degree (say you graduate in may 2009 but you apply for the April, 2009 cycle). I am making this assumption on the fact that H1-B needs the candidate to have at least a Bachelor’s degree (which in this case is present), so unlike the graduating undergrads, shouldn’t the Masters students be able to apply for H1.
I think that the Gap ap issue has been resolved for now:
http://www.nafsa.org/regulatory_information.sec/29_month_opt_rule_updates
H-1B cap-gap extension of D/S and work authorization until October 1. Duration of status and work authorization will be extended for a student on OPT, who is the beneficiary of a timely-filed H-1B petition requesting an employment start date of October 1 of the following fiscal year. This would apply to all students on OPT, not just STEM students. The extension of duration of status and work authorization would automatically terminate upon the rejection, denial, or revocation of the H-1B petition filed on the student’s behalf.
Only employers can apply for H1B. You cannot directly apply for H1B.
is it possible to apply h1b without an consultant?