F1 visa to H1 visa without OPT

[Shruthi218]

Hello,


I will be graduating on August 7th 2016. During my course work I had an offer from a company and the company filed h1 for me in the 2016 window.
My h1 got approved. When I spoke to my university advisor, he told me that now that I have a h1, I do not have to apply for OPT and can start working by October 1st 2016. He said even if I do, USCIS will deny my application because of my h1 criteria. So here are the two questions that I have.

1. What would be my status from August 1st until October 1st ?

2. Do I fall into CAP-GAP extension category?


Thanks,

Shruthi

[mindrd]

Hello,


I will be graduating on August 7th 2016. During my course work I had an offer from a company and the company filed h1 for me in the 2016 window.
My h1 got approved. When I spoke to my university advisor, he told me that now that I have a h1, I do not have to apply for OPT and can start working by October 1st 2016. He said even if I do, USCIS will deny my application because of my h1 criteria. So here are the two questions that I have.

1. What would be my status from August 1st until October 1st ?

2. Do I fall into CAP-GAP extension category?


Thanks,

Shruthi

your status would be in CAP GAP, and you will be okay until October 1st. You can start working on your H1B visa October 1st.