Legal Question in Immigration Law in New York

Re: F1 to H1-B visa question

If your H-1b employer petitions for you prior to the end of your OPT while visa numbers are still available and the petition is approved by USCIS, you will be able to start work on October 1. OPT has a 60-day grace period but that would not carry you through Oct. 1 so you would likely need to depart the U.S., obtain an H-1b visa from a U.S. Consulate abroad and come back within 10 days of October 1. You will have no status during the gap (60 days following the end of your OPT program. Even if your gap between OPT and October 1 was less than 60 days, you would still not be authorized to work past the expiration of the OPT.

Yours is a fairly delicate situation. Consult an experienced immigration attorney before taking any action.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such,

Re: F1 to H1-B visa question

Because your OPT does not end after July 30, 2007 your 60 day post OPT period will not carry you to the beginning of your H-1b period which will allow you to work on October 1, 2007. This "gap" issue is a common problem and will result in you having to leave the U.S. until September 20, 2007.

The possibility to change to another non-immigrant status to cure this gap issue may be a possibility. You should consult with an experienced immigration lawyer in order to discuss your issue in detail.