OPT (F1) to H1B transition

[gauravhawk]

I am currently valid F1 visa. I am on OPT and working for a Company A. I have questions here.
1) My OPT would expire on June 21, 2010 and I would be filing an OPT STEM extension in March 2010 (90 days before) in order to continue working. Also on 1st April 2010 my employer would file for H1B petition for me. Since I would have already filed OPT extension application by that time, would there be any problem in my legal status/work authorization because both the applications would be pending with USCIS at the same time? Is it okay to file both applications together ?

2) In case I get my OPT approved before my H1B approval, and in worst case if H1B gets denied after that, would I then be able to work on continuing basis until the expiration date of my extended OPT (which I am assuming would last until Nov 21, 2011 which is 17 months after June 2010)?

I really do not want to be in such a situation in which I do not file OPT extension and simply wait for H1B decision (by simply assuming that its approval will give me an automatic extension for cap gap). It could be riskier because if my H1B gets denied and the decision comes after my OPT expiration (June 21, 2010), then I cannot file for OPT extension anymore to continue working in US. I have to leave the country in such case.

Please clarify my questions.
Thanks,
Gaurav Jain

[txh1b]

1. You can have OPT extension and H1b processed at the same time. However, you need a valid OPT to continue working past the current one's expiration. Once the H1b COS is approved, you are no longer on OPT from the effective date of the H1b start i.e Oct 1st.
2. If H1b gets denied, OPT remains valid provided it was already approved.

Read more on the forum.

[gauravhawk]

OPT (F1 visa) to H1B transition

so you mean to say that if I file both the applications togather, one will not void the other application. They both are seperate processes. Am I right?

Please clarify
Gaurav Jain

[txh1b]

H1b approval will void the OPT past Oct 1st not just application. Read the post and try to understand what I am saying than deduce some random conclusions.