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I’m an f1 visa student and my OPT is coming to an end is it…

Hi! I’m an f1...

Hi! I’m an f1 visa student and my OPT is coming to an end is it possible to work during my grace period?

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

My opt is still valid for another month and I employed. Currently no application but my company is looking to maybe sponsor me but can only file for h1b in April I would already be in my grace period at that time

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I think that is it

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Answered in 51 minutes by:
1/20/2018
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,707
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Hello! Thank you for using Just Answer. My name is***** have over 12 years of legal experience. Please allow me some time to review your question and to prepare a response.
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Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job.
Keep in mind that my job is to provide you with information, whether the outcome is what you had hoped for or not. Only telling you what you to hear is not the purpose of this site and it doesn't do you any good. So if you are upset about the outcome but the quality of my customer service is good, please do not give me a negative rating. I am only a messenger. If you need more information, feel free to reply and let me know - I am here to help you.ANSWER: Unfortunately, no. You cannot work past the date for which you were authorized on your EAD. A grace period is meant to give you time to tie up your affairs and leave the US, or otherwise find another status. You cannot work past the date on your I-20 or EAD card, even if you are legally in the US/on a grace period.I’m really sorry to be the messenger of bad news, but remember that I am just the messenger. I don’t make the rules.I hope that answers your questions.▼ RATING REQUIRED! ▼ Please remember to click on 4 or 5 stars (★★★★) on your computer screen. This is important because this is how I get credit for doing my job.
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Customer reply replied 1 month ago
Thank you for your prompt answer. That is what I thought. Is there an extension or status change that would allow me to stay and work while my company processes my h1-b petition? My EAD expires Feb 15th and the date to apply for h1-b is April 1st. Thank you
Please remember that I o ly get credit for doing my job when you give me a positive rating.Unfortunately, no. If you were in F1/OPT when you file for H1B, and the H1B is approved to start in October, you would get an H1B cap gap extension of OPT.
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,707
Experience: Write FOR JAMES to get my help!
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Expert James and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 1 month ago
Hi again James,I would like to know if it is possible for my company to file for H1B earlier than April? That way I would still be in OPT and eligible for the cap gap?Thanks

The reason it is called "CAP" gap is that it applies to cases where the H1B employee is waiting to start his "CAP" subject H1B job (i.e., starts in October). Applying earlier than April means you are not "CAP" subject, and therefore are not eligible for a "CAP" gap extension.

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Customer reply replied 1 month ago
Got it. Just to make sure I am understanding this correctly, it is then still possible for the company to apply earlier I just would not be allowed to stay in the country and would potentially come back in October to start the job?

The only way a company can apply earlier than April 1 is if the petition is a cap exempt petition. Otherwise, the employer cannot file until April 1.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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