I desperately need your suggestions please help me

[srinuganla]

Know I am an OPT period started from Feb - 2012 ends on Feb 2013. I did only volunteer work since february 2012. I did masters in health service administration which is not under STEM program, I can not extend my OPT. What I need to do at this time ? what are the options do I have?, I made "enrolling in to another masters" as my last option because i did financially broke.
My brother has home health care company, he can create a job and file H-1 visa for me but after that i need to transfer in to another company to remove burden to my brother.
I am trying to get a job but they allowed me to work up to my OPT period , they are not ready to sponsor H-1 for me.
Is it a good idea getting H-1 visa from my brother company and once it approved transfer to another company by h-1 transfer process?
I do not know about duration when to apply H-1 and Is it possible to apply this month? will i get visa before my opt expiration date?
please guide me what I need to do?
thanks in advance

sincerely,
Srinu ganla.

[vroni]

the earliest you can apply for H-1 visa is April 2013 with a start date of October 2013 (unless cap exempt).
you could check if you are able to use the cap gap rule, then you would be able to continue to work on OPT starting somewhere in May 2013
until H-1 starts, or is denied. That depends on the exact day your OPT ends in February 2013 and if you are able to
put in your H-1 application before the 60 day grace period from your OPT ends in April 2013.

no idea if it is a good idea to get H-1 from your brother company.

[srinuganla]

the earliest you can apply for H-1 visa is April 2013 with a start date of October 2013 (unless cap exempt).
you could check if you are able to use the cap gap rule, then you would be able to continue to work on OPT starting somewhere in May 2013
until H-1 starts, or is denied. That depends on the exact day your OPT ends in February 2013 and if you are able to
put in your H-1 application before the 60 day grace period from your OPT ends in April 2013.

no idea if it is a good idea to get H-1 from your brother company.

Thank you sir, thanks for the reply.
i have some questions could you please help out sir.

My OPT end date is - Feb 13 2013 - with grace peroid My end date is - April 13 2013

1) If any company offers me H-1, when they should apply? If it is on April 2013 - What will be my status between feb 13 2013 to april 1 2013? Can I continue my work in my company during the grace period?

2) If I get job after Feb 13 2013, for example Feb month end, Can I legally start work in OPT grace peroid?

3) If it is possible to start work during OPT grace period , once my company apply H-1 visa on April 1, what will be my status between April 1 2013 - OCT 1 2013. Can i legally work during H-1 b application process WITHOUT OPT?

[kabkaba]

IF you have never had H1 before, you will be subject to annual cap. Cap subject petition cannot be filed before Apr 1 and for a OCt 1 start date.

You cannot work after your OPT has ended. If H1 petition is filed before your duration of stay (end of OPT + 60 days) ends, then you can stay in the US until H1 status starts (OCt 1). But you cannot work in that period. Unfortunately, options are limited.

[vroni]

You cannot work after your OPT has ended. If H1 petition is filed before your duration of stay (end of OPT + 60 days) ends, then you can stay in the US until H1 status starts (OCt 1). But you cannot work in that period. Unfortunately, options are limited.

that is not correct. i specifically asked this question to my isss and she has asked uscis the question before. if usics receives your h1 application before the end of the grace period you can apply for reinstatement of OPT and work until the h1 application has been denied or h1 starts in october. it may take a couple of days for the reinstatement. with this rule you are not allowed to work between febr. 13 until opt has been reinstated (sometime in april/may).

[kabkaba]

That applies if 'reinstatement' is available. Absolutely incorrect advice. Read F student FAQ on ICE website. cap-gap work extension is only available if H1 petition is filed while OPT is valid. Cap-gap extension during grace period is strictly for stay only, not work authorization.

If in doubt always go to official Gov websites or consult an experienced immigration attorney.

[vroni]

That applies if 'reinstatement' is available. Absolutely incorrect advice. Read F student FAQ on ICE website. cap-gap work extension is only available if H1 petition is filed while OPT is valid. Cap-gap extension during grace period is strictly for stay only, not work authorization.

If in doubt always go to official Gov websites or consult an experienced immigration attorney.

the information on the website is old/unclear. i asked this specific question and my isss clarified it with usics.

[rinachirag]

get blue slip after finish my interview at usa embassy london cr1 visa

My interview was oct 19 in london embassy,I done my interview but get blue slip for more add 2 document,and I send it to them back on 29 oct,and my question is when I get back my passprot wid visa or not!!