1

This is a bit weird and complicated question.

I am currently an F1 student in US doing my MS. I got an offer and my Employer is filing H1-B for me ahead of my joining the company (also, I didn't get my joining date).

Now this is where things get complicated, since I didn't know my joining date, I didn't apply for OPT. And thus, my H1-B will be applied without my EAD card.

Question:

  1. If my H1-B gets approved before I graduate (say I extended my graduation from May to August), then how is it going to impact my immigration status. And also how it is going to impact my OPT, suppose if I go back to school in the future to pursue my PhD?

  2. If my H1-B gets reject before I graduate (say I extended my graduation from May to August), then how is it going to impact my immigration status. And also how it is going to impact my OPT, suppose if I go back to school in the future to pursue my PhD?

Improve this question
3
  • Questions about immigration or moving for extended periods of time (studies or employment, among others) are off-topic. Our sister site, Expatriates Stack Exchange might be a better place to ask.
    – CGCampbell
    Mar 18, 2016 at 18:25
  • You still have time to apply for OPT (within 90 days before and up to 60 days after graduation). I would. Your company should be able to hire you for the OPT, and if you don't get selected for an H-1B this year, they can try again next year. Even if you get an H-1B, you cannot start working until October 1.
    – mkennedy
    Mar 18, 2016 at 18:27
  • Thanks. I don't have privileges to move this question. If you can, can you move it to the respective site.
    – ikis
    Mar 18, 2016 at 18:27

1 Answer 1

Reset to default
2

In either case it will have no effect on your current immigration status. If your F1 status is terminated prior to the H1b start date - you'll have to either go out of country, or change the status to something else (B2, probably). If you want to start working prior the H1b start date - you'll have to apply for OPT and then get the OPT EAD before you can start working.

Improve this answer

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service and acknowledge that you have read and understand our privacy policy and code of conduct.

Not the answer you're looking for? Browse other questions tagged or ask your own question.