Transition from OPT to H1-B

[Teablue]

What is the name of your state? Virginia

Hi,

I am at the present working on a OPT which expires on June 15 2005. My employer was willing to sponsor me for a H1-B visa but the cap was reached before I was able to file. Now, my employer wants to sponsor me for the next year's H1-B which starts on October 1, 2005. The only problem is that there will be a gap from June 15 to October 1, 2005 for my transition and I don't want to leave the U.S. So, I was wondering if there is a legal way for me to be able to stay in the states during these months till I start working on a H1-B. I am not a student at the present, but I'm planning on taking some grad. school classes in the Fall of 2005.

Thank you for help!

Sincerely,

T.

[ImmigAttyLana]

You'll be able to stay with a pending H-1B petition filed ONLY if the USCIS authorizes this gap for people in a status like yours. They have done so in previous years where the cap was reached during the year, but this is not a guarantee that this will happen again this year. You will simply need to wait and see what the USCIS decides on this point.

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

[Teablue]

Thank you for your answer Lana!!

I will look into my options a little bit further and I'll let you know if I have any more questions.

Sincerely,

T.