F1 To H1b

[arunkumar]

I am on F1 status now. I will be graduating in August. I have to start work June 1. I have not yet applied for OPT. I have already used 6 months of CPT. Can I apply for the OPT now while my employer is filing for H1B simultaneously. if H1B is approved and allows start date of oct 1st, what happens to the OPT.

Thanks A lot
arun

[mahesh112]

Arun,

In your case, you should be able to expedite your OPT process since you already have an offer. Once H1B status kicks in, your OPT is no longer valid.
From what I know, that may be possible, but rules change. I don't know about the latest rules.

I think your school's international student service department should guide you regarding this, since they have the latest information.

[arunkumar]

THanks Mahesh

Thanks Mahesh. I checked with my school and they said that I can apply for OPT right away, but then the process takes close to 90 days and I will not be able to wait that long. I am still confused and I have left it to the attorneys. If you think there is a way out, Please do let me know. Thanks A lot.

Thanks,
Arun

Arun,

In your case, you should be able to expedite your OPT process since you already have an offer. Once H1B status kicks in, your OPT is no longer valid.
From what I know, that may be possible, but rules change. I don't know about the latest rules.

I think your school's international student service department should guide you regarding this, since they have the latest information.

[mahesh112]

Hi Arun,

Things may have changed now. Try explaining your complete situation, if you haven't have.
About 2 years ago, I applied for OTP. During those days too, OTP processing took at least 3 months.
But I was also told that if I provided a job offer letter, OTP processing could be expedited. That's what I did, I got my EAD card in a month.

From what I know, if you use your CPT for 12 months, then you don't get your OPT. In your case, if H1 processing is in progress and if your H1 status begins on Oct 1, then I guess, you should be fine even if you are on CPT. However, I don't know, if OPT status is needed for H1 processing for students. Again, I think your school intl students dept can update you with latest info on this, since I am not aware of the latest rules.

[niranjandeo]

Arun,

As far as I know, if you have a job offer you can get your OPT request expedited. I have seen people get their EAD card within 3 weeks. All you have to do to expedite the request is put in a letter along with your application asking them to expedite your processing.

The main problem in your case is that you haven't graduated yet! I am not sure if you will be allowed to work. You can file for an OPT before you graduate, but that is typically done during break in studies. I don't think you can be on OPT if you are registered as a student. Check with your international center about it.

Mahesh: OPT is not required for processing an H-1B, although most people go that route (F1 -> F1+OPT -> H-1B).

-Niranjan