Immigration Issues/OPT Hi Gap

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Question
I am an international student who is going to study on F1 visa for a one year MBA. I am in the USA on H4 currently.H4 is valid till 2011.
I dont want to go out of USA for any visa stamping. I want to be in the USA only throughout.

My MBA gets over in May 2009 and I will go on OPT visa from June 2009 to May 2010.

1.) If I find an employer who can file for H1 on April 1,2010 - i can start work from Oct 1, 2010. How to cover the gap from June 2010 to Sept 2010?

2.) Suppose I find an employer who can sponsor H1 B on April 1, 2009 - can he apply for it knowing that I will complete my MBA only in May 2009 ?

3.) Should i apply for going back to H4 before OPT gets over since on OPT i cannot stay in USA beyond OPT end date + 2 months that is July 2010 end ? How will that effect my H1 B which is filed on April 1, 2010? Will there be a clash of applications at USCIS ?

4.) Can i work in the OPT H1 gap without payment for the company till Oct 1? One can always volunteer without pay?
What are the legal ways to get around this situation?

Please help
I am confused.
Thanks a ton.


Answer
Hi John,

You can change status to H-4 during the gap (from when OPT expires [+ 60 days grace period] until October 01, when H-1B approval takes effect). Changing to H-4 in that interim period will not affect the H-1B approval.

If an employer files H-1B petition on April 01, 2009--before you complete your master's degree--then it can be filed only under the regular visa cap.

You cannot volunteer after OPT expires unless the duties are normally those that are not compensated at the company. In other words, if the volunteer work that you will be performing is normally compensated, then you cannot "volunteer."

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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