Immigration Issues/H1B start date

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Question
Hello, I've recently graduated from a US university and am currently on OPT which started in Feb 2008 until Feb 2009. I'm planning to apply for H1B this april but I would also like to take advantage of the full OPT period of one year and then get onto H1B visa. Can i request for a H1B start date later than october. If I can/cannot do so, what are the hassles I might face. Thanks in advance.

Answer
Hi Shruti,

You can request employment start date on H-1B petition no more than six months from date of filing. Therefore, if the petition is filed on April 01, you must request employment start date of October 01, 2008.

We recommend filing the petition at the beginning of April due to visa cap issues. If you request consular notification only and not automatic change of status to H-1B, then in order for H-1B status to be activated, you must depart the U.S. and enter the U.S. on H-1B visa stamp (which will be issued by a U.S. Consulate abroad). You will continue to maintain F-1 (OPT) status (until OPT expires in Feb. 2009) until you activate H-1B status if you take this latter action.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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