OPT to H-1, whats the rule? 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.

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.

I have friends who have got H1-B visas w/o OPT. I think these are two independent processes. However, the OPT gives you more flexibility if, God forbid, you lose your job within the 1st year so you may want to wait till you get your EAD> As far as H1-B goes, my company got one for me in a week, it costs a $1000 more but they didn't mind paying it.

You may request an interim EAD at your local District office if within the 90 days of filing for your EAD the petition has not been approved by the service Center. Remember that even if your employer files for the H-1B you will need to wait until it is approved before commence working. It could take 15 day under the premium processing service.

Thanks "Ivan" and "passing by". Will talk to my employer and see what happens. Thanks again!