Immigration Issues/F1 Opt Gap


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


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.

Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


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,

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