H1B-Apply in next year's quota???

[nik123]

Hi,

I got my MBA in the US in May this year, and have just started working in the US on my OPT. My OPT expires on May 15, 2006. I understand that I can still apply for 2006 in Masters quota. But my question is this:

If I don't apply in 2006 quota, and instead apply in 2007 (on April 1, 2006) and lets say, my H1B gets approved before my OPT expires, can I continue working for my employer even after my OPT expires? If yes, then on what status will I be between May 16, 2006 and October 1, 2006?

I am very confused on this issue, and would really appreciate if someone could help!

Thanx.

[veena_swsh]

Hi,
If you start working for H1b company, file change of status and you will be on H1b status. Otherwise you will continue on F1.

[nik123]

Hi Veena,

Thank you very much for your response. I guess there is some difference between H1-B visa and H1-B status, but am not sure what it is? Could you throw some light on it? What should my employer do to change my status to H1-B?

Thanx a lot!

[veena_swsh]

Hi,
If you have converted from F1 to H1b with change of status application after your employer has filed for H1b, then you are in a legal H1b status. You can legally start working in the US. If you travel out of US after this shift, then you have to go for your H1b stamping for your H1b visa.
I hope this answers your query.

[nik123]

Thanx Veena,
It does answer my query!