Immigration Issues/OPT-H1B



I am currently a Masters student on F1 visa. This is my final semester. I had started my Masters on H4 visa(but was full time) and had got my COS approved from H4 to F1 for the final semester, Spring 2012.

I had a job interview yesterday and the employer appears to be really interested. My questions are:

1) My university DSO says that since I have been a full time student on F1 for just one semester ie, Spring 2012(although I was full time student on H4 previously, for Fall 2011), I would not be eligible for OPT till the end of next(Fall 2012). Is that correct?

2) In case I cannot get my OPT, when can I start working for the employer at the earliest assuming that the employer files for my H1B and that too under premium processing?

3) If the employer files for my H1B in April, 2012, under premium processing, can I start working with the receipt straight away or when it gets approved? Or do I need to wait till Oct 1st, 2012?



Dear Riya:
REgarding your queries:
1. I think your being a full time student on H4 should be taken into consideration for calculating period for OPT - discuss it in detail with the DSO or consult an attorney;
2. H1 may not be filed earlier than 6 months of the job start date; so, if filed in April 2012, you may not be able to work until 1st of October, 2012 or just count 6 months from the date of filing.  

You may work on H1 only after it's approval.  

Best wishes,  
Ajay Singh, Esq.
845-784-1500 (Wk); 646-807-4582 (Fax)

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