Expired OPT waiting for H1-B? Can I work?

[dgbezerra]

What is the name of your state? WA

I got an offer to begin employment in my field of study starting April 15th. My OPT will expire this year on July 17th. I am wondering if an H1B is granted for me to start work on Oct 1st, can I work during the 2 1/2 month gap?

I consulted with an immigration lawyer, and she confirmed that I could not legally work and get paid for? But can I still work and go to the office as an "intern" or volunteer worker until my H1-B becomes valid?

Thank you ,

Diogo

 

[ImmigAttyLana]

Not only can you NOT work during this time (you cannot volunteer either because this is not a type of work you would normally volunteer for) but you can also probably NOT STAY in the US during this time period unless the USCIS authorizes a "gap" this year as it had done in some prior years when the cap was reached during the year but had not authorized it last year and is not likely to do so this year either.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

Lana
Immigration Attorney

 

[dgbezerra]

Opt-h1b

Thank you very much for answering my question so fast. I am pretty sure that I could stay for additional 60 days after the expiration of my visa, July 17th. That would give until Set 17th to stay in the US legally.


I am wondering now if I could be hired as a paid intern until my OPT expires in July 17th. And after that be un unpaid intern. Other ideas I had was to work from home (US home) and send projects to the firm or take a leave of absence after the OPT expires.


Again, I really appreciate your thoughs as many other immigration lawyers could not advise me on this issue.


Diogo Bezerra.
PS: Is there any where in the internet that I could read the law involving this issue and present to my lawyer. Thanks

 

[Jezebelle]

Sorry to intrude but I think she has already answered your question..

Here's what Lana said:

"Not only can you NOT work during this time" but "you can also probably NOT STAY in the US during this time period unless the USCIS authorizes a "gap" this year" which it "is not likely to do"

 

[dgbezerra]

Opt - H1b

I am not sure if she did. Lana, so you are saying that the regular grace period of 60 days after your visa expires varies from year to year? I thought that this is what happens normally. And if you have a job in US and have appllied to the H1B you could even stay until you receive a notice from the USCIS approving or not your new visa. Also, I heard from an immigration lawyer that when the I-94 says DS ( my case) it means that you could stay in the US until you change your visa.

Thanks for sharing you opinion.


Diogo

 

[ImmigAttyLana]

Yes, the 60day grace period is there, regardless of the USCIS authorization from year to year. But even with your grace period, that ends before the H-1B can become valid, so you need to be outside the US for that period of time unless the USCIS authorizes the gap period. Even if you are here for an extra day beyond the 60-day grace period, that is called unlawful presence.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

Lana
Immigration Attorney