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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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Old 08-13-2008, 08:44 PM
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Default Is OPT to H1 transfer automatic or mandatory..?

Hi,

I am currently on OPT which was valid till April2009.
I got my H1 approved which is for Oct2008.
I have not yet graduated or defended my thesis and was planning to do it in this semester ie. by Dec2008.

Now the International Student Center states that my OPT and F1 will automatically end on Sept 30th. And refusing to state anything except that I should consult my company attorney.
I am not in direct contact with company attorney. While my employer is stressing on me continuing on OPT, as it is beneficial from taxing and insurance (which is considerably high and hence I am still using school insurance) point of view. I am currently on bench plus taking time off to get done my Masters.
I know my project is starting back in Sept. and there will be a short break and then back to full time from November to next year. Due to this he doesn't have to run full payroll till that time if I remain on OPT.

Please advice if it is possible to remain on OPT at least till end of the semester or till I finish my masters.

Thanks

Last edited by Veeralp; 08-14-2008 at 12:49 AM.
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  #2 (permalink)  
Old 08-13-2008, 10:40 PM
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Originally Posted by Veeralp View Post
Hi,

I am currently on OPT which was valid till April2009.
I got my H1 approved which is for Oct2008.
I have not yet graduated or defended my thesis and was planning to do it in this semester ie. by Dec2008.

Now the International Student Center states that my OPT and F1 will automatically end on Sept 30th. And refusing to state anything except that I should consult my company attorney.
I am not in direct contact with company attorney. While my employer is stressing on me continuing on OPT, as it is beneficial from taxing and insurance (which is considerably high and hence I am still using school insurance) point of view. I am currently on bench plus taking time off to get done my Masters.
I know my project is starting back in Sept. and there will be a short break and then back to full time from November to next year. Due to this he doesn't have to run full payroll till that time if I remain on OPT.

Please advice if it is possible to remain on OPT at least till end of the semester or till I finish my masters as I am getting paid very low around 50% of my billing rate which is quite high.

Thanks
Your status is determined by the latest I-94 card. If the I-797 came with a I-94 starting from Oct 1, then you will be on H1-B from Oct 1. If the I-797 did not come with an I-94, then you can remain in OPT until it is valid, and then you must go out of the country and reenter with a I-94.
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Old 08-14-2008, 09:39 PM
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Thanks a ton for the Info.

1) So there is no way I can continue with my F1 status.

2) If I have to go out of the country before 1st Oct. or it can be done later too?
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