The one who asks all these questions is clearly confused and in dire need of a consultation with an experienced immigration attorney. I will begin by pointing out that H1b quota is filled for this year and it is the employer is the one who can file not the one on OPT grace period.
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I agree with my colleague, there are cap gap regulations that may help you.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Although Mr. Segal may have missed the fact that the questioner was talking about a cap-exempt petition, he's basically right.
Either you are confused or you are trying to play-out too many 'what if' scenarios.
This is best done in consultation with the employer's immigration attorney and not a bunch of strangers on an internet blog.
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You can file a cap exempt H1 anytime of the year. Does it give you status to stay in the country if you file after your OPT has expired? No. The visa has to be filed while you are still in OPT status for the CAP GAP regulations to apply.
After the OPT expires students are given a grace period to leave the country. You are still considered out of status if you are trying to file any type of visa during this time.
Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.