Visa extension problem?

Can I work in USA if OPT extension expires on July 12, 2011 and H1B Visa starts from Oct. 1,2011.?

• Hi Currently I am on OPT which expires on Feb 12,2010 and I have applied for 17 month OPT extension which will expire on July 12,2011. If I apply for H1b visa in April,2010 and get approved then H1b visa will start from Oct.1,2010 which will waste around 10 month of my OPT extension. I want to apply for H1B visa next year so that I could use my OPT extension in full for which I paid $340. But the problem is that I won't be able to work between July 12,2011 and Oct.1,2011 as my opt extension will expire and h1b will not start before 1st of Oct. I can't even stay in US as I will have to leave US within 2 months (before Sept.12,2011) Is there a legal way by which I could apply for H1b visa next year and use my opt extension in full without leaving US and my job. There should be a legal solution of this problem as I believe it happens with several people every year. Serious reply only.

• Answer:

  You seem to have done your homework. You have all the dates correct, and you have shown knowledge of the law. Sometimes CIS declares "cap gap" relief, but it's been a while since that happened. Don't count on it. Your only hope is to file form I-539 before your OPT extension expires and request a change of status to another nonimmigrant classification such as visitor. That would help you fill in the time gap between July 12, 2011, and Oct. 1, 2011, but then you'd have to request a change of status to H-1B when and if the petition is approved. It might not help you continue your employment from July to October. The other factor to consider is that your H-1B petition may not be approved. The State Dept. permits 65,000 H-1Bs a year. What if 100,000 petitions are submitted in April 2011 for fiscal year 2012? That's happened before. If there are more petitions than the 65,000 allotment permits, you could be shut out when the winning petitions are selected by lottery. With the economy being poor at the moment but improving, you need to consider the odds of being shut out in 2010 and in 2011. To save a lousy $340, you might end up with no approved petition in 2011.