Please help ...F1 to H1b

[balpha]

Dear All ,

I am doing my Master's in US. I was planning to graduate in May 2009 so i had applied for my OPT with a start date of June 1st. After a while I received my EAD card with the dates 6/1/09 to 5/31/10. My potential employer has applied for h1b and my case is pending. But now I have a problem with my graduation since I had not cleared one of the prerequisite, I cannot graduate in May 2009. My questions are

1) Is my Opt valid now since I will not be graduating?

2) Can I work with my EAD from June 1st even though I dint graduate?

3) If my H1b is approved, Can I work before Oct 1st ?

4) I can only graduate in Dec 2009 , so can I register as a student after my H1b is approved in order to complete my prerequisite ?

I am really confused Please help me with your wisdom.

[txh1b]

Usually students get OPT for pre/post completion and the total time used determines the eligibility for OPT. If you use OPT pre-completion, it bites into your post completion OPT.

1. Talk to your ISO. It is possible but if the application for OPT said post completion OPT, then it may be a problem.
2. #1
3, Yes, you have to. But if the H1b application is based on your MS,it might get denied. You will not remain on F1/OPT past oct 1st if H1b COS is approved based on your Bachelors degree.
4. Yes, you can take part time class while maintaining H1b and getting paid.

[balpha]

Thanks. Some more clarifications

Thank you for the reply. My OPT was applied as 'Post-completion OPT'. I will be knowing the status of my H1B by Jun 20th (say).

1. Since my OPT will be invalid, can I start working from Jun 21st (say) on H1B ?

2. Assuming that my H1B is rejected, can I apply for post-completion OPT again in Dec 2009?

Thanks in advance.

[kabkaba]

Your OPT will still be valid. But you have to go back to school, complete your courses and you can work part time during that period. After you graduate you can work full time.
In the meanwhile if your H1 gets approved with change of status, then you have to start working full time from October 1. You can study side by side after this date.

[balpha]

Thanks for the clarifications

Thanks a lot for all the inputs.

[txh1b]

Once H1b is approved, your OPT remains cancelled and you cannot reapply or get another OPT unless you complete a next higher level of education. If H1b is denied, you continue to remain on F1 provided you maintain the requirements for that status.