Immigration Issues/H1B transfer

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Question
I am currently on OPT and my H1 is being filed and hopefully I will get it before my OPT expires. My current H1B from university(cap exempted) will be upto June 30 2012. If some company files H1b which is in cap subject (65000 + 20000) and will start from October 2012 what will happen for the period July to September 2012. Will it be considered in cap gap? If I canít work for 3 months, can I legally stay in US?

Kindly let me know. I really appreciate your help.

Thanks

Answer
Hi,

You will be subject to the visa cap based on the scenario provided in your email. As you are no longer in F1 (OPT) status, you will not benefit from the cap gap.

Being subject to the visa cap, the earliest employment start date that can be noted on the H1B petition filed by the new employer will be Oct. 01, 2012. Thus, you will be out of status between June 30, 2012 and Oct. 01, 2012 and will either have to depart the U.S. or else change status to another category such as visitor (B1 or B2 visa status) to cover your stay in the U.S. in the interim.

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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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