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  • OPT Ext and H1B

    Hi,

    I have graduated and got the certificate from the university during June-2015. I have been applying for H1B Visa during the 2014 and 2015, it was not picked in the lottery. I have my OPT-Extension until April 22nd 2016. I have a question regarding application of H1B process during year 2016. We all know that we would apply for H1B process during year 2016 on April 1st week but since I have my OPT-EXT until april22nd am I eligible to wait and work in that process which at least takes May or June of 2016 to get any reply from the USICS. Please let me know what all required steps I need to take to be in status and work during the year 2016.

  • #2
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    • #3
      Your message was posted anonymously on our Facebook wall at http://www.facebook.com/desiopt1 on July - 30th - Please review comments from other users.

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      • #4
        Originally posted by charan View Post
        Hi,

        I have graduated and got the certificate from the university during June-2015. I have been applying for H1B Visa during the 2014 and 2015, it was not picked in the lottery. I have my OPT-Extension until April 22nd 2016. I have a question regarding application of H1B process during year 2016. We all know that we would apply for H1B process during year 2016 on April 1st week but since I have my OPT-EXT until april22nd am I eligible to wait and work in that process which at least takes May or June of 2016 to get any reply from the USICS. Please let me know what all required steps I need to take to be in status and work during the year 2016.
        Since the H-1B petition will be filed before your OPT expires, you will be eligible to continue working under H-1B Cap Gap even after your OPT expires. When your employment authorization ends under Cap Gap depends on whether or not your petition is chosen in the cap, and if chosen, if it’s approved or denied. You can find information about Cap Gap here: http://www.visapro.com/video/f1-opt-to-h1b.asp or http://www.uscis.gov/working-united-...ap-regulations.

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        • #5
          You should be good . As long as your application reaches USCIS , and until a decision has been made , you can stay here. You can contact your university for cap gap extension . ( another i20 given temporarily for situations like this , where h1b decision / h1b visa start date is pending and your OPT runs out )

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          • #6
            In 2016 you are allowed to wrk after filing the H1 and till the decision is made if it is picked and approved .. You can wrk till oct 2016 under CAP gap.

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