Transition from OPT to H1B

[priya.r]

Hi,

I am currently on OPT which was due for expiration on 04/17/2010 and I got it renewed via the Cap Gap Extension till 06/02/2010. My school says that they cannot renew it further although my employer applied for my H1B and I got the H1B receipt. I am not sure what my status is post 06/02/2010. Is there anything I need to do with regard to this either through my school, my employer or myself? Please advice.

Thanks.

[priya.r]

Hi,

I am currently on OPT which was due for expiration on 04/17/2010 and I got it renewed via the Cap Gap Extension till 06/02/2010. My school says that they cannot renew it further although my employer applied for my H1B and I got the H1B receipt. I am not sure what my status is post 06/02/2010. Is there anything I need to do with regard to this either through my school, my employer or myself? Please advice.

Thanks.

[Rough Neighbor]

No, you don't have to do anything as of now. Your stay is lawful and authorized by virtue of the timely filed (receipted, and pending) H-1B petition on your behalf by your employer even beyond June 2, 2010. That's the exact idea behind the 'cap gap' policy, to 'bridge' the status of students on OPT like you. In an unfortunate event that your H-1B petition got denied, that's another story. You have to leave or file an appeal if you think that the denial was made in error.

[Mrs. Mani]

Once your H-1B is approved, your school should issue a new I-20 showing you in status until Sept. 30, 2010. If they say they can't do it, please direct them to this site for more information: http://www.uscis.gov/portal/si...CM10000045f3d6a1RCRD.

As long as your H-1B is approved, you're covered until Sept 30, however, you want to make sure and play it safe by getting a new I-20 and making sure your SEVIS record shows you as being in status.

[mohan]

in the meantime explore the option to get study further .. just in case.