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Hi,
I graduate in May 2016 but I have a full time offer from an employer. I wanted to know what are my options when it comes to work-authorization before graduation. I'll have my thesis in my last semester so it'll be a part time/final semester. CPT is not an option for me due to my school's CPT policies (must be connected to a class).
I have the following options -
1. Pre-OPT - My doubt here is that if I get my Pre-OPT starting from say March 1 2016 and then it expires on March 1 2017, will I be eligible for cap-gap extension? My employed is willing to file an H1B on April 1, 2017. But from March 1 to April 1 I will be out of status since H1B needs to be applied to get cap-gap extension? Am I correct in this assumption? This is assuming that the STEM extension rule is not passed and is invalidated.
2. Pre-OPT and H1B - Other option would be to apply for an H1B this April 1, 2016, but since I would not graduate till May 2016, I will not be able to get under the Master's quota for H1b's.
What do you think is the safest course of action for me? My main doubt is whether it is risky to start PRE-OPT before April 1, 2016 so as to allow me to get cap gap extension and subsequently apply for H1B. If I am not eligible for the cap-gap extension then my I will be out of status?
Thanks.
I graduate in May 2016 but I have a full time offer from an employer. I wanted to know what are my options when it comes to work-authorization before graduation. I'll have my thesis in my last semester so it'll be a part time/final semester. CPT is not an option for me due to my school's CPT policies (must be connected to a class).
I have the following options -
1. Pre-OPT - My doubt here is that if I get my Pre-OPT starting from say March 1 2016 and then it expires on March 1 2017, will I be eligible for cap-gap extension? My employed is willing to file an H1B on April 1, 2017. But from March 1 to April 1 I will be out of status since H1B needs to be applied to get cap-gap extension? Am I correct in this assumption? This is assuming that the STEM extension rule is not passed and is invalidated.
2. Pre-OPT and H1B - Other option would be to apply for an H1B this April 1, 2016, but since I would not graduate till May 2016, I will not be able to get under the Master's quota for H1b's.
What do you think is the safest course of action for me? My main doubt is whether it is risky to start PRE-OPT before April 1, 2016 so as to allow me to get cap gap extension and subsequently apply for H1B. If I am not eligible for the cap-gap extension then my I will be out of status?
Thanks.
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