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OPT Period does not go till April 1st!

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  • OPT Period does not go till April 1st!

    Hello All,

    Am not sure how many of you have already faced this weird situation.

    I am one of those thousands of you in the community on OPT (F1 Visa) waiting for your company to file H1B next year. Considering the way the H1B took place this year, am a little scared at the moment. I have STEM extension and my OPT can go until March 23rd 2016.

    My question is:

    1. Just in case my H1B doesn't get picked up in the 2015 April lottery, I have to wait until 2016 to apply again. But my OPT period ends on March 23rd 2016.
    This is about 7 to 8 days short of reaching April 1st. Since its just a week, will USCIS consider this? or do I have to join university again just for this 7 days?

    Your answers will be greatly appreciated.

    Thanks in advance!

  • #2
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    • #3
      In think there is 2 month grace period after you are out of status; in these two months you have to leave country or change status...so you have April and May to do that...no worries

      Comment


      • #4
        I think you have to join a university to maintain legal status

        Comment


        • #5
          You will have a 60-day grace period, after March 23rd, 2016 (until May 22nd, 2016). And by then, you will have filed your H1B for 2016 fiscal year anyway.. so while the H1B application is pending (and you have the receipt number), you wont need to worry about being out-of-status, as there is cap-gap extension for pending H1B applications.

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          • #6
            If you apply for H1b in your grace period( which is your case) you can stAy in the country for the length of your grace but you can't work during that period. So it can go two ways- 1. Your H1b doesn't get picked up, in this case you can stay in US from 24th Mar till around 24 th may ( about 60 days), unfortunately you can't work in this time, you either have to leave USA or so something to change your status after the grace period ends 2. Your H1b gets approved, you still can't work from 24th MArch to till 1st oct 2015, but you can stay in USA during this period. This will be cap gap for you but you will not be able to work from the last day of your OPT till 1st OCt. Had your OPT ended after 1st April, you would have been able to work during your cap-gap. My OPT ended on 26 th Feb last year , so I know these rules inside out

            Comment


            • #7
              Hi First thing dont be disappointed and worried for not being picked. You fall in Masters quota (I believe) and this increases you chance by 50% as if somehow you dont get pick you can still continue working on OPT till March and after that you have 60 day to depart the county as per the rule if the 60 day gap your employer files your H1b then you can stay till you get results for H1b and they will adjust you status on 1 Oct 2016... I think it will work out well... Good Luck...

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