Legal Question in Immigration Law in New Jersey

OPT- H1 Transition Period

Hey,

My OPT expires on 10th July 2006. If I get my H1 issued, I understand that I cannot commence work before 1st Oct 2006. What are my options if I want to work in between 10th July- 1st Oct?

1) Can my company get me on some other visa L1 or some other kind for this interm period?

2) I am thinking of enrolling in a new major / minor (a new I-20) and getting CPT for the summer. Now, this would enable me to work 40 hrs in the summer till early Sep. My concern is that if I do not enroll for classes in the Fall and abandon my new 'major' or 'minor' for the H1. Would this in any way affect my H1b visa approval or stamping in any way?

3) Is this a legal way of doing things?


Asked on 3/17/06, 3:00 pm

1 Answer from Attorneys

Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: OPT- H1 Transition Period

Unless USCIS allows students to bridge the gap you will be required to leave. If you register for student status your F-1 status may jeopardize your H-1 approval. Keep in mind that you have a post-OPT grace period as well. I would need to speak with you to see if you are L-1 eligible since there are a whole different set of criteria for that versus an H1.

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Answered on 3/20/06, 1:59 pm


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