Immigration Issues/opt gap to H-1

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Hi,

Thanks for all your help on answering people questions.  Here is my case: I'm on my OPT right, which expires this June 2008.  My employers want to apply for H-1 for me this April 2008.  Since my OPT expires on June 25, I still have 60 grace periods which is august 24.  There is a gap between my OPT and H-1 effective date.
My friends suggested me to apply for F-1 for the gap period at Kaplan.  However, I'm going back for my Master degree in the university on this Fall 2008.  The problem is the university will not issue I-20 this early in order for me to submit with the rest of the H-1 application.

My question is:  
1. will i have issues applying for I-20 at Kaplan for only the 2 months gap and then getting the I-20 from university???
2. is it necessary to submit on April 2008 an I-20 that shows that i 'll be in status once OPT expires and before October 2008??

THanks for you help.  It means a world to me!!!

Answer
Aili,
1) I would suggest that you obtain the I-20 from your university or kaplan and extend your status to cover the gap.

2) USCIS will approve the H-1B but not the change of status component in these situations. Unless you provide them with the above mentioned documentation.

Since the University is not able to provide you with the I-20 early you can either provide them at a later stage if they issue you an RFE. Or obtain the H-1B approval as consular processing and either leave the country and re-enter on H or ask your employer to amend the approval to COS later.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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