OPT expiring,can I file for H1 in grace period


I am a student in CA and currently on OPT which is expiring on FEB 17th as a MBA student i dont get any OPT extn. My employer wants to file for my H1B. So here are few questions what I have?

Can they file for my H1 after my OPT gets over(FEB 17th)during 60 days grace period.

Do I have to enroll in any school before they file for my H1(as opt expires on feb 17th) or I can enroll after they file for H1 in april(for may semester).Do I need to produce I20 from the university where I enroll.

Does USCIS will raise question about my staus that though I complete my masters so why again I am going back to F1(i know to maintain my status) but somebody told me my case is not strong and i have more chances of getting RFE.

Please guide me what I am suppose to do,tell me some way where I can file for my H1B and at same time can maintain my status. Can i wrk after my H1 B is file if I get Cpt from any school. Their are school which are opffering me admission from may2013(summer semster). Please guide me what shall I do, i am very tensed.

Thanks a ton in advance.

hope to hear from you soon

  1. Yes, they can file H-1 while you are in your 60 day grace period.

  2. Why do you want to enroll? Once your H-1 is filed w/ COS, you will become eligible for cap-gap. This allows you to stay in US until Oct 1 or H-1 denial date (whichever is earlier). You cannot work during this time.

  3. I don’t think you have a weak case. You should have proof of having maintained legal F-1/OPT status (i.e. completed course and not stayed unemployed for more than 90 days).

  4. If you want to work, then you need to enroll in a school and get the CPT. You will have to check w/ the school about their policies around CPT, but good schools do not offer CPT from day 1.