OPT filinng H1 for 2014, do i have to file h1 this year compulsory?

i am on OPT 17 month extension and it expires feb 2014 and my F1 expires this 2013 may, do i have to apply for h1 this year compulsory or can i still apply for h1 next year…please help

next year if i want to apply how can i maintain my status from feb till i get h1

You should apply this year. Next year even though you might get a 60 day grace period but again you would need to maintain status till October 1 2014 which would be difficult.

thank you Ankit1912 …

Actually maintaining status next year will not be an issue as you will be eligible for cap-gap. The disadvantage is that you will be in 60 day grace period which means you can stay until Oct but cannot work. So if you do not want to have a break in your studies, then have it filed this year.

i dint get you…do you have any link i can refer… OPT 17 month extension is expiring in feb …so 60 days cap gap will go till april…so wt abt from may to sep ??

There are 2 things

  • 60 day grace period: you are eligible for it once your OPT ends and this will run from Feb 2014 to April 2014
  • cap-gap: a person is eligible for this, if they are in valid F-1 or OPT or 60 grace period at the time of H-1 filing, and have it filed along w/ COS (change of status from F-1 to H-1) w/ start date of Oct 1. This basically extends the person’s status at the time of H-1 filing. In your case, the status will be 60 day grace period (on April 1 2014), which will get extended till Oct 1 or H-1 denial date (whichever is earlier). This extension will allow you to stay in US but not work. You will have to let your DSO know about the H-1 filing and they will update the status in SEVIS record.

Official link: