Here a question from a reader:
Thank you for your useful information about OPT and H1B.
I have a question: I am graduating in May 9th, 2009 for my MBA degree; and I am thinking to have a delay in OPT start date on July 9th, 2009.
However, even if I can find an employer who is willing to apply for H-1B for me in next April, I will still be out of status between July 9, 2010 and October 1, 2010, right?
What should I do in-between those three months?
Will I be illegally staying in the U.S?
Your reply will be greatly appreciated.
The United States Citizenship and Immigration Services (USCIS) introduced a new rule last year to eliminate some recurring OPT Cap Gap issues.
So, after you file an H-1B visa application and until you hear from USCIS, you can continue to work and stay legally in the U.S. You will still be considered in a legal status.
If in case you get an H-1B denial notice, you will be out of status. Read the articles under OPT category for more details on the OPT cap gap.