Immigration Issues/F1 Opt Gap

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Question
Dear Mr. Krishnan,

My OPT period expires in the first week of June. I have a company who would like to hire me but is concerned about the 4 month gap between the expiration of my OPT and October 1 which is the start date for H1. What are the ways that I can stay in in US, at the same time, work for the employer. Also, this is quite a big company and they have their own visa office with lawyers. Therefore, I am sure they are also aware of all the different ways around this problem.

Your inputs will be greatly appreciated.

Thanks and Regards

Naunidh

Answer
Naunidh,
You would need to either get back to F-1 status or leave the country and re-enter the US 10 days before your employment after obtaining an H visa.
There have been some who have opted to file a B-2 visa, but I am not sure if it is the right way to overcome the gap.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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