OPT expiring before H1B visa filing

Hi Saurabh-

I have a unique case that I graduated with Masters this december and received an offer in March end by then cap has already been reached. One employer rescinded the offer because cap was exhausted. One employer agreed to put me as a contractor till december.

Currently my OPT expires in January and i am not eligible for STEM extension either. I do not know if my current employer will file H1 in April.

a) Is there any option where I can stay in US and work till october 2014 with current employer?

b) If i have to go back to india, can an employer still file my H1B from India under masters cap?

a) Is there any option where I can stay in US and work till october 2014 with current employer?

You would not be eligible for CAP-GAP because you will need to file cap subject petition to qualify and that can be done only after April. So From Dec -April you will be out of status



 




b) If i have to go back to india, can an employer still file my H1B from India under masters cap?



Yes, most likely you will need to do that.Unfortunately  You cannot work in US aft Dec

I suppose you can go for another masters from Jan which can allow you to work while study and apply for H1B in April.

Well, it depends on the school and the program. You cannot work full time when school is in session. Also, there has been so much of fraud in the first semester CPT giving schools, you need to be aware of the situation.