I’m finishing my OPT on May 12th 2014, isn’t a STEAM degree so I can’t apply for OPT extension, my employeer is willing to fill an H1b visa application for me. When should we apply for it to have the best change to get it approved? Thank you!!!
I think your only option is to apply April 1st 2014, if you are selected you can work on cap-gap until October 1st 2014 when H1-B will start.
Check with your lawyer though.
You cannot work from May to Oct 14 if your visa is approved ( for first time H1 holders) . For CAP_GAP you are allowed to stay in US but not allowed to work!
No, if you are on OPT which expires after April 1st, cap-gap will allow you to work:
“USCIS has addressed the “cap-gap” of employment authorization between OPT ending on or after April 1 but not lasting till the October 1 start date by extending the authorized period of employment for all F-1 students who have a properly filed H-1B petition and change of status request (filed under the cap for the next fiscal year) pending with USCIS. If USCIS approves the H-1B petition, the student is given a work extension that enables him/her to remain in the United States until the requested start date indicated on the H-1B petition, technically October 1, [of that year].”
However if your petition is denied or not selected in the lottery you will immediately lose work authorization.
Thank you so much for all the information! Is really valuable for me!
Any chance you know a good immigration lawyer so I can look for help with this? thank you!