Immigration Issues/H-1B, OPT Gap

Advertisement


Question
Thank you Gen. Hollander. Can I work without compensation (in US) or work with the same firm but out of its office in another country?

Thank you in advance.

Regards,

Dinesh

-------------------------

Followup To

Question -
Thank you for your prompt response Robert. Could you also advice me on how may I avoid employment gap from 1st Aug 07 to 1st Oct 07?

Regards,

Dinesh
-------------------------

Followup To

Question -
Dear Robert,

I graduated on 11th June 2006 with an advanced degree from a US University. I am currently on 12 month OPT which lapses on 1st Aug 2007. As the current quota for H-1B is over, the earliest I can be on H-1B visa will be on 1st Oct 2007.  This creates a gap in my employment (i.e. from 1st Aug 07 to 30th Sep 2007)?  Could you advice me on how to avoid this gap?

Also, I understand that there is a 60-day grace period on F-1 status. Will this grace period be counted from the expiration of OPT (1st Aug, 2007) or from 12 months from graduation (i.e. from 11th June 2007)? And can legally work during this grace period, if my H-1B is approved but starts on 1st Oct 2007?

Regards,

Dinesh


Answer -
60 days is from expiration of OPT. You can not work during this period but you may stay here. You could also go home in August and get H-1 visa stamp in passport in mid September and come back to set up for work 10/1/07.


Regards,

Robert

Answer -
you cant.

Answer
Work in another country is not a problem. Voluntary work is also not a problem since it is legal for you to stay during the grace period just not get paid. Some people try working for that period and not getting paid until 10/1/ and then getting a bonus from the company equivalent to the wages that would have been earned but this is technically illegal.

Regards,

Robert

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Robert Hollander<B> Esq.</B>

Expertise

General

©2016 About.com. All rights reserved.