Temporary work Permit

[thakar 0]

Hi,

Currently I am F1 student and my OPT will expire on March 2, 2013. My company will apply my H1B but effective start date of my H1B will be October 1, 2013.

Please note that I am not able to apply STEM Extension.

I want to know, is there any alternatives for which I can fill this gap between March 3, 2013 to September 30, 2013.

I believe, to I won't be eligible for cap-gap because my OPT will expire before H1B application.

Is there any way I can cancel/terminate my OPT by Nov 30, and save this 92 days (till March 2, 2013) and after 2/3 month I will for that remaining period (92 days)of OPT.

for e.g.

OPT Terminate/cancel on Nov 30, 2013 ==> Remaining Period of OPT 92 days

I'll again apply for OPT starting from March 1, 2013

OPT will expire on June 2, 2013

By that time my H1 B application will be there so I can apply for cap-gap too

Is it possible to terminate and resume the time frame of OPT???

Please let me know if anybody know about any other visa or how to come out from this situation...

Edited November 17, 2012 by thakar

[canadian_wife 1,822]

I do not believe you can cut and paste your OPT

If you terminate your OPT then your F-1 becomes voide and you have to leave the country. Besides, you still have a gap, even if it is from May to November or November to March

Contact your DSO at your school

good luck

[jaycali 415]

No, the only way to extend OPT is by a STEM extension. If you are ineligible for the STEM extension, you cannot work past the date on your EAD card.

The OPT is valid for 1 year only. You cannot transfer "unused days" to extend it. In fact, if you accumulate more than 90 days of "unused days" on your OPT, your OPT is terminated and your visa will be void.

I'm sorry but there simply is no way around this without a STEM extension or an earlier H-1b issuance.

Edited November 17, 2012 by Jay Jay

[thakar 0]

No, the only way to extend OPT is by a STEM extension. If you are ineligible for the STEM extension, you cannot work past the date on your EAD card.

The OPT is valid for 1 year only. You cannot transfer "unused days" to extend it. In fact, if you accumulate more than 90 days of "unused days" on your OPT, your OPT is terminated and your visa will be void.

I'm sorry but there simply is no way around this without a STEM extension or an earlier H-1b issuance.

Hi Thanks both for your response, but thing is that my OPT is expire on March 2, 2013.

After that H1B application starts from april 1, 2013 and approvd around two month late, May 30, 2013. and effective start date of H1-B is October 1, 2013.

Is there any temporoy kind of visa to fill the gap from opt expiration date and H1-B start date (Oct 1, 2013)

[aaron2020 11,651]

Hi Thanks both for your response, but thing is that my OPT is expire on March 2, 2013.

After that H1B application starts from april 1, 2013 and approvd around two month late, May 30, 2013. and effective start date of H1-B is October 1, 2013.

Is there any temporoy kind of visa to fill the gap from opt expiration date and H1-B start date (Oct 1, 2013)

No.

After March 2, 2013, you are not authorized to work. If you work, you are putting your H1-b visa at risk for working illegally.

There is nothing you can do. Go home. Take a vacation.

Edited November 17, 2012 by aaron2020

[vroni 1]

according to my dso (who asked uscis this specific question) your work authorization can be reinstated if you apply for h1-b during the grace period of your opt. it may take a few weeks, and you won't be allowed to work from the expiry of your opt (in March) and the reinstation of your work authorization (prob. end of april), but then you can work until your h1-b starts or is denied. ask your dso, or uscis. this information is nowhere on the uscis website and the guidelines that the dsos got are not very clear (that's why my dso specifically asked uscis).

Edited November 17, 2012 by vroni

[jaycali 415]

according to my dso (who asked uscis this specific question) your work authorization can be reinstated if you apply for h1-b during the grace period of your opt. it may take a few weeks, and you won't be allowed to work from the expiry of your opt (in March) and the reinstation of your work authorization (prob. end of april), but then you can work until your h1-b starts or is denied. ask your dso, or uscis. this information is nowhere on the uscis website and the guidelines that the dsos got are not very clear (that's why my dso specifically asked uscis).

I have never heard of this. But it has been a few years since I was on OPT.

Edited November 17, 2012 by Jay Jay

[thakar 0]

according to my dso (who asked uscis this specific question) your work authorization can be reinstated if you apply for h1-b during the grace period of your opt. it may take a few weeks, and you won't be allowed to work from the expiry of your opt (in March) and the reinstation of your work authorization (prob. end of april), but then you can work until your h1-b starts or is denied. ask your dso, or uscis. this information is nowhere on the uscis website and the guidelines that the dsos got are not very clear (that's why my dso specifically asked uscis).

Hi Thanks a lot Vroni.., I believe these is great information for me. I have infopass appointment on Monday and I will ask about in detail about, how can I reinstated work authorization.

Another thing is that our school DSOs are not very helpful. actually I am from engineering background eligible for STEM, but I missed the deadline to submit Graduation Award form to my university for December 2012 graduation, so now university will offer degree in May 2013, but technically I have finished all the course work and meeting graduation requirement, my college department can offer the letter stating that "I have finished all the graduation course work."

TO apply STEM,I need degree in my hand, I have ask to USCIS about this situation that I have technically finished all the course work and my departemnt can issue the letter that I have completed my degree requirement, but because of this form University will graduate in May 2013 officially, so will you process my STEM, and USCIS agree to process it,

but my DSO told me that you do not qualify for it as your degree is not officially completed until a transcript noting degree completion has not been issued by the Registrar's Office. International Program office has decided that as an institution, we can not make a document recommending a benefit if we see that you do not qualify for it as you have not yet met all the requirements for graduation. there will not be official university proof of your degree completion until after May 2013. Without that proof, you will not qualify for the STEM Extension.

So I am not hopeful from school but I have experience USCIS people are always helpful & practical.

Again Thanks a lot for your help & guidance.