Immigration Issues/opt gap to H-1
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!!!
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.