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OPT to H1, whats the rule? Please help! URGENT!

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  • OPT to H1, whats the rule? Please help! URGENT!

    Hi, I posted this question yesterday but have not gotten any response. Can Umesh or Sammy or Myron Morales, or anyone else PLEASE help!

    ________

    Hi,

    I have applied for my OPT/EAD card (I-765) at the Vermont Service Center and am currently in the 90 day window period.

    I have a job starting in the next two weeks (Aug. 13) and it is unlikely that I will get my EAD in time to start my job.

    My question is that can my employers file for an H1-B visa while my OPT application is still pending with the BCIS? Or do I have to wait for the EAD card to arrive?

    Please advise, I have little time to work with.

    Thanks!

    SR.

  • #2
    Hi, I posted this question yesterday but have not gotten any response. Can Umesh or Sammy or Myron Morales, or anyone else PLEASE help!

    ________

    Hi,

    I have applied for my OPT/EAD card (I-765) at the Vermont Service Center and am currently in the 90 day window period.

    I have a job starting in the next two weeks (Aug. 13) and it is unlikely that I will get my EAD in time to start my job.

    My question is that can my employers file for an H1-B visa while my OPT application is still pending with the BCIS? Or do I have to wait for the EAD card to arrive?

    Please advise, I have little time to work with.

    Thanks!

    SR.

    Comment


    • #3
      If your position meets the criteria for H-1B sponsorship, you can be sponsored for H-1B; however, you will not have work authorization until the H-1B is approved. You will not be authorized to work while it is pending. If your employer is willing to go for premium processing, the H-1B could be approved within 15 days of filing; however, your employer may not want to incur the expenses of filing an H-1B application.

      Probably your best chance is to sit tight and wait for the EAD. You should definitely let your employer know what's going on, and let them decide if they want to try for the H-1B.

      Comment


      • #4
        Thanks a ton lawgal!! Your advice is very much appreciated!

        -SR.

        Comment

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