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?

migrated from travel.stackexchange.com Mar 19 '16 at 8:59

This question came from our site for road warriors and seasoned travelers.

  • 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 '16 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 '16 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 '16 at 18:27
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.

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