I have read that when I apply for my H1visa I may not be eligible to work in USA. What if, one applies for H1 in the same year, their OPT is going on, will they be able to work or no?
I am not sure what information you gathered and from where.
You can continue to work on OPT until its expiration date. If H-1 is filed and selected in lottery and approved, then you can work on H-1 when it goes into effect (earliest start date is Oct 1).
If OPT expires b/w the time H-1 is filed and selected in lottery, and Oct 1 then you may be eligible for cap-gap, which allows you to work.
If you can specify when your OPT is expiring, I can tailor down the response to your specific case.
Sure. OPT expires on 1st March 2017.
Is this the initial 12 month OPT or 17 month extension?
Just graduated and applied for OPT. So the first start date for OPT is March1st 2016 and last date is March 1st 2017. So, this duration is without any extension.
An employer can file H-1 for you coming April w/ a start date of Oct 2016. If approved you can start working for them from Oct 2016 or actual approval date, whichever is later.
As your OPT is valid through Oct, you don’t need to worry about cap-gap.
As this is your initial OPT, you don’t need to worry about the pending court case related to OPT extension (but it may impact you in 2017 if you are still on OPT and don’t get your H-1)
Thats what even I thought. I am just having a tough time looking for a company which could sponsor.
Thank you for these details and conformation.