H1B Visa and OPT Gap Issues: May 2008 Graduation

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.