OPT expiring in July 2010. h1B approved will start from OCT 2010.

[Sameer_jaju]

Greetings,

My friend's OPT (total of 29 months) will be expiring in first week of July, 2010. He is not going to apply this year for H1B. He might apply next year for H1B. If his H1B is picked up in lottery next year (I am considering the case if there is a lottery next year) and approved with premium quota , then that H1B will come into effect from OCT 2010.

His OPT will expire in July 2010. Can he work against cap - gap extension will OCT 2010?

Thank you.

[txh1b]

He has to leave if his entire OPT period is over and return back on Oct 1st with a H1b stamp if the extension of stay on the H1b is denied. It will not be a COS but a CP case due to the gap.

[kabkaba]

Cap gap OPT extension may apply to him but I think 2010 is way off still and there may be a lot of changes from now and then.

Secondly, consider the phrase "He will apply for H1", actually employers apply for H1 not employees. (I know the way consulting industry works, just pointing out that if he does not have a legitimate job, he may find himself in trouble)