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Any suggestion on my weird OPT -> h1b case? Thanks.

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  • Any suggestion on my weird OPT -> h1b case? Thanks.

    Hi All,

    I'm currently searching a new job under OPT stem extension which will expire on Feb, 2015. Considering the April-1 is approaching, 99% of the chance I will miss this coming h1 petition (April.1st, 2014). Suppose I get a job offer before my current EAD expires on Feb.2015, does that mean I have to pause on my job after my EAD expires and waited till Oct.2015 to resume to work, even if the company files a h1b petition for me somewhere in the middle of the year 2014?

    So my questions are:
    1. Can a company file h1b petition after April.1st 2014? say Sept.1st, 2014? Will that be directly rejected if the quota is filled in Oct of the same year?
    2. Am I eligible for the cap-gap which extends my OPT EAD to Oct.2015?

    Any comment and suggestion is appreciated!!!
    Last edited by Yan Fu; 03-29-2014, 03:55 PM.