H1 approved for 2014 but Activated from july 11th 2013

USA H1B Visa
1

Hi All,

I applied for Opt extention in 2012 October but my status from uscis is still in initial review even after 8 months.and i wil be out of status from June15/2013till i receive my opt

I Also applied for H1 on April 2013 and i got the approval just today i.e on June 12th/2013, But i see the H1 activity date is from June11th/2013 itself which i got in email. But usually it should start from Oct 1st.

Iam happy that my H1 started early coz i wil be out of status from June 15th till i receive my Opt.

Can any one tell me my current situation, is that usuall or some mistake.

should i contact back uscis and confirm for this kind of error?? or is this very common.

2

If you are on OPT, cap-gap will extend your employment authorization until your H1-B starts.

There’s no way your H1-B can start before October unless your employer is cap-exempt (e.g. a university).

3

His OPT extension has been pending for 8 months. As per USCIS “If their post-completion OPT expires while the 17-month extension application is pending, students who timely filed their STEM extension applications with USCIS will receive an extension of employment authorization after their current employment authorization expires, but for no more than 180 days.”

So this may not be a simple cap-gap. My suggestion will be to talk to your attorney and DSO.

H-1 approval date looks like an error unless it’s a cap-exempt petition (as INAL mentioned).