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Days between H1b approved and employment starts (cap exempt)

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  • Days between H1b approved and employment starts (cap exempt)

    I'm currently on F1 OPT, I worked for 9 months but was unemployed. My accumulated unemployed days will reach 90 days on 12/24, meaning I will be out of status on 12/24, no grace period.

    Now a university research lab (cap exempt) will sponsor H1B for me, and they will mail out the application before 12/24. They are also applying for premium processing for me (15 days between USCIS receive the application and the decision is made). My work start day is set at 2/1/2014.

    My question:

    1. If the H1B application is approved before 2/1 (which is very likely to happen), say 1/15, am I in trouble between 1/15 and 2/1? What should I do during that time?

    2. If we set the employment start date at 1/1, does it resolve the problem?

    3. If we try our best to mail out the application before 12/24, but can't make it, and end up mailing it out on 12/29, technically I'm overstaying for 5 days, will I be fine? In this case, what's the date that matters? The postmark? The petition filing date on the form (signature and date)? Or the date that USCIS receives it?

    Thank you very much!!!
    Last edited by Quuzuu; 12-11-2013, 08:26 PM.

  • #2
    Days between H1b approved and employment starts (cap exempt)

    The date USCIS receive and send you the acceptance notice to your email and hard copies follows.

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