Applying for OPT after H1b getting approved

[bhargavprasad]

Greetings,

I am currently doing my Master of science in US now. I will be graduating in August 14 and have to join my company on Aug 17th.

My company already applied for H1b with COS and it got approved on May 15th.

Now that I know my H1b is approved if I still apply for OPT on May 15 (the earliest my university allows for students graduating in Aug) with start date as Aug 17th 2009 and end date as Aug16th 2010.. will my H1b get revoked ??

I read previous postings and found that H1b will automatically come into effect on oct 1 and my opt will be cancelled... but I just wanted to know if anything has changed this year and also if H1b with COS will be anyway different??

Thanks a lot in advance. Please kindly help me to confirm this.

[rakeshreddy]

Your h1b starts from Oct 1st. You can apply and work on OPT until Oct 1st.

[bhargavprasad]

Thanks for the reply... so you are saying that even If I applied for OPT( with start date as Aug 17 2009 and end date as Aug 16 2010) after I got H1b approved I should be fine .. and my H1B COS will automatically cancel my OPT after oct 1...

Can you please kindly confirm if the above statement is correct?

Thanks a lot.

[rakeshreddy]

Yes. Your OPT is automatically cancelled after Oct 1st.

[bhargavprasad]

thanks for the reply .. relieved a lot of tension for me.
Thanks

[bhargavprasad]

What should be filled in Q11 for I-765?

Hi,

In the form I-765 application(to get EAD authorization), there is this question

question11. Have you ever before applied for employment authorization from USCIS?

[] yes (if yes complete below) []No

Which USCIS office ? Date(s)
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Results(granted or denied attach all documents)
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Since I already got my H1b should I say YES? I Spoke to the attorneys and they said NO since my H1b was applied by my company and not me. But my University ISS said I need to say YES. I am totally confused..please kindly help me.

Thanks

[kabkaba]

You should say no, since you did not apply for employment authorization (your employer did).
You should send a copy of H1 approval and explain your situation in a plain paper cover letter.

[bhargavprasad]

Are you sure about this ? My lawyers told me not to send any H1b receipt or letter separately. They asked me to just mark NO. They told me that question asks only if I had previously applied for EAD and also that H1b is a visa and not a EAD..
Please anyone else who where in the same situation what did you do? Thanks for the replies so far. Thanks

[kabkaba]

Copy of H1 approval is not required, I just asked you to send it as an additional document.
Your lawyers are right.

[cherisha]

H1B and OPT confusion

I have got employed by co. A who sponsored for my H1B which has got approved. However I still have my OPT which jsut started this June. I am wondering if my OPT will still be valid after Oct 1st ?
Since I do not want to work with co. A and intend to switch jobs can I do so on the basis of my OPT.
Is there a way to terminate the H1B or transfer it ?
I have not yet started work with co. A and do not have any pay stubs from them but since I am interested in joining co. B I wanted to switch positions.
Please advice.