H1B and OPT applications together

[darshini.patel]

Hi Friends,

I am COS H4 to F1 student. I have got F1 approval few months back and currently doing fulltime internship on CPT work authorization. Summer 2015 would be my last semester which will end around Aug-Sept 2015. I have prior work exp from India and there are chances to get H1B sponsor for April 2015 if I try. I want to try H1B ASAP because of visa stamping risks on my F1. Don't want to take chance for stamp on F1 status as I started my MS in university which provides day 1 CPT.

My question is if I get some employer who sponsors my H1B in Apr-2015, what will be the case?
1. What if I get H1B denial?
2. What if my H1B application doesn't get picked in lottery?
3. I know H1B prior to graduation will lead to general quota, but should I take a chance?
4. What will happen to my OPT application? Currently I am suppose to apply for OPT prior to 3 months of my graduation which seems almost May/June.
5. So, if H1B and OPT both then my H1B application would be in April 2015 and OPT in May/June 2015. Recently I heard if I apply for H1B prior to OPT then I would be in cap-gap and then my OPT will get wasted in case of H1B denial, Any suggestion on that?

Everyone of you are helping alott for such doubts and looking forward for your suggestions on my case.

Thanks in advance,
ABC

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[DesiOPTForumAdmin]

There had been recent discussions on whether to avail OPT or file H1B . Refer this link

https://www.facebook.com/desiopt1/posts/824633080887396

https://www.facebook.com/desiopt1/posts/847043901979647

https://www.facebook.com/desiopt1/posts/847041018646602

https://www.facebook.com/desiopt1/posts/846780802005957

https://www.facebook.com/desiopt1/posts/844012648949439

http://forum.desiopt.com/showthread.php/231-OPT-Expires-Dec-2013-I-might-not-get-H1B-this-year-How-to-maintain-status-till

https://www.facebook.com/desiopt1/posts/809797665704271

http://forum.desiopt.com/showthread.php/1394-H1B-when-is-the-right-time-to-apply

http://forum.desiopt.com/showthread.php/50-What-are-my-options-if-H1B-is-quota-full

http://forum.desiopt.com/showthread.php/45-How-much-is-the-minimum-salary-requirement-to-file-H1B

http://forum.desiopt.com/showthread.php/1122-Process-of-filing-H1B-My-employer-is-sponsoring-for-the-first-time

http://forum.desiopt.com/showthread.php/1664-H1B-Approval-depending-on-University-or-and-company

http://forum.desiopt.com/showthread.php/1586-reject-job-offer-before-H1B-filing

http://forum.desiopt.com/showthread.php/1498-Currently-in-OPT-period-and-questions-about-H1B-processing

http://forum.desiopt.com/showthread.php/1699-Can-we-apply-for-H1B-with-a-provisional-degree

http://forum.desiopt.com/showthread.php/263-Missed-H1B-quota-Travel-now-or-after-Back-to-school

http://forum.desiopt.com/showthread.php/395-Got-Job-offer-after-H1B-deadline-Any-Alternative

http://forum.desiopt.com/showthread.php/118-Will-this-accreditation-issue-causes-a-problem-during-H1B

http://forum.desiopt.com/showthread.php/588-H1B-got-selected-but-have-RFE-What-should-I-do

http://forum.desiopt.com/showthread.php/549-OPT-Expiring-H1B-petition-didn-t-get-selected-My-options

http://forum.desiopt.com/showthread.php/71-No-Pay-Stubs-Is-it-okay-to-file-H1B

http://forum.desiopt.com/showthread.php/375-Haven-t-heard-about-my-H1B-Can-I-travel-before-OPT-expires

http://forum.desiopt.com/showthread.php/331-Is-my-H1B-petetion-approved-rejected

We suggest you to search DesiOPT Forums and Facebook Page for similar posts and suggestions from readers.
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[DesiOPTForumAdmin]

There had been recent discussions on H1B denial. It's a good idea to go through all the suggestions, that way the quetion is not duplicated. Please refer these link

http://forum.desiopt.com/showthread.php/2121-Cap-Gap-if-H1B-Denied?p=10167#post10167

http://forum.desiopt.com/showthread.php/1313-F1-expiring-amp-H1B-Denied-Travel-on-OPT-STEM

http://forum.desiopt.com/showthread.php/24-OPT-gt-H1B-Denied-Please-help-me-My-career-is-on-the-line-here

http://forum.desiopt.com/showthread.php/16-Can-I-work-on-OPT-if-my-H1B-is-denied

http://forum.desiopt.com/entry.php/129-Options-if-H1B-denied-or-H1B-deadline-missed

http://forum.desiopt.com/showthread.php/2087-Student-Visa-expiring-in-august-2014-and-OPT-expiring-in-Oct-2014

http://forum.desiopt.com/showthread.php/1711-H1B-Denied-Job-profile-Mismatch?p=7871#post7871

http://forum.desiopt.com/showthread.php/1701-H1B-denial

http://forum.desiopt.com/entry.php/136-USCIS-returning-rejected-cap-subject-H-1B-petitions

http://forum.desiopt.com/showthread.php/1573-Alert-Extension-Denied-Masters-from-For-Profit-University

We suggest you to search DesiOPT Forums and Facebook Page for similar posts and suggestions from readers.
DesiOPT Forums: http://desiopt.com/forum/forum.php
Facebook Page: https://www.facebook.com/desiopt1


If your question is not addressed in above links/Forums/Facebook posts then let us know.
IMPORTANT: Please write back SPECIFIC question that is not addressed in above likns. After reviewing we can post on Facebook wall. Thanks DesiOPT Team.

[lisaanderson]

Hi Friends,

I am COS H4 to F1 student. I have got F1 approval few months back and currently doing fulltime internship on CPT work authorization. Summer 2015 would be my last semester which will end around Aug-Sept 2015. I have prior work exp from India and there are chances to get H1B sponsor for April 2015 if I try. I want to try H1B ASAP because of visa stamping risks on my F1. Don't want to take chance for stamp on F1 status as I started my MS in university which provides day 1 CPT.

My question is if I get some employer who sponsors my H1B in Apr-2015, what will be the case?
1. What if I get H1B denial?
2. What if my H1B application doesn't get picked in lottery?
3. I know H1B prior to graduation will lead to general quota, but should I take a chance?
4. What will happen to my OPT application? Currently I am suppose to apply for OPT prior to 3 months of my graduation which seems almost May/June.
5. So, if H1B and OPT both then my H1B application would be in April 2015 and OPT in May/June 2015. Recently I heard if I apply for H1B prior to OPT then I would be in cap-gap and then my OPT will get wasted in case of H1B denial, Any suggestion on that?

Everyone of you are helping alott for such doubts and looking forward for your suggestions on my case.

Thanks in advance,
ABC

1. You will still be in F-1 status. After you receive your degree, you will still be entitled to 60 days of grace period. If you have been in full-time CPT for 1 year, you will not be eligible for OPT. You may need to switch back to H-4 status.
2. Same as above.
3. Why not? What do you have to lose?
4. You can still apply for OPT even if you are applying for H-1B. You need to find out first if you’ll be eligible for OPT since you will have used 1 year of CPT and it’s full time.
5. If you are in OPT, then you are in OPT and cap-gap doesn’t enter the picture. Cap Gap is only for people whose OPT or F-1 status will expire after April 1 but before September 30.

[darshini.patel]

Thank you so much lisaanderson!

Now I am planning to avoid fulltime CPT after 8 months completion. Will take parttime after that to avoid effect on my OPT. My MS-SE course is qualified for OPT and STEM OPT as well, so, will take care about CPT thing.

Apart from that H1B application should not affect my OPT, right?
Can I apply for OPT when my H1B application's result is pending? Or can apply only after getting H1B result?

Thanks,
Darshini

1. You will still be in F-1 status. After you receive your degree, you will still be entitled to 60 days of grace period. If you have been in full-time CPT for 1 year, you will not be eligible for OPT. You may need to switch back to H-4 status.
2. Same as above.
3. Why not? What do you have to lose?
4. You can still apply for OPT even if you are applying for H-1B. You need to find out first if you’ll be eligible for OPT since you will have used 1 year of CPT and it’s full time.
5. If you are in OPT, then you are in OPT and cap-gap doesn’t enter the picture. Cap Gap is only for people whose OPT or F-1 status will expire after April 1 but before September 30.