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F1- OPT vs. H1B visa

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blumhen

Member
What is the name of your state? MN
Hi, Lana. I have a question for you. My fiance is on F1 visa. Hi already applied for OPT plan which starts on July 2005. When can he apply for H1B visa? What about fiscal year and october1? If he apply in July his H1B visa stars not early then January 2006( because of fiscal year)? Please respond as soon as you can.Thank you.
 


ImmigAttyLana

Senior Member
The fiscal year starts on October 1 and not on January 1, so he can apply for the H-1B as early as April 1, 2005 for a start date of October 1, 2005.

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

blumhen

Member
Thank you , Lana. Another question: can he apply before he finish school ( June, 10) or only after? If his request for H1B will be rejected, can he keep his OPT plan, or it will be determine either?
 

ImmigAttyLana

Senior Member
He can apply before he finishes school if he has satisfied all of the degree requirements to qualify for the H-1B. If the H1B is denied, then he cannot go back to the OPT unless he first changes the status back to F-1 as a H-1B denial does not automatically reinstate the OPT.

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

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