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Immigration Issues/the gap between OPT and H1B


Hello sir,

My OPT expires on July 25, 2008. My company will apply H1 for me before April 1st. but if they do premium processing, can I start working before October 1st? I mean, let's say my company  filed my application in April 1st and I got approval in two weeks, does that mean I am H1 holder beginning from third week of April or I am still OPT holder since H1 will start on October 1st.

Actually, can you give some information about premium processing. I am confused in this part. Is it only early notice or does it really allow me to work before October 1st once I got the approval notice?

Thank you very much for your help in advance. I really appreciate it.

You will have gap between your OPT and H-1B start date. F-1 students are given a 60 day grace period after the end of their OPT terms. Your 60 day period ends on Sept 25, a few days prior to the Oct 1st H start date. Therefore, even if the H-1B is approved before Oct 1st you will be required to leave the country and reenter on H status.

The premium processing process merely allows the Immigration Service to approve your application in 15 days instead of the normal processing times. (usually 2-3 months). It does not give you any additional benefits in your situation.

Ramasamy Krishnan
Attorney at Law
Ashley & Krishnan
9801 Westheimer, suite 302
Houston, TX 77042

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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