Hi Saathi haru,

I have a question. I work in one of the companies in US and I am in my OPT currently which ends on this May. My company has agreed to sponsor me. I was supposed to be rejoining my company back in October. I was happy about it. Suddenly, my company hired a new employee (whom I know) who is also in OPT and whose OPT expires in this May too. Now this new guy told my company boss that he has found a way to work from May until October. He told that if we apply for J1 visa or something, he could work.

Now, my boss tells me that he wants me also to work in the May to October gap period. I really do not want to work on that period and I had never heard of this J1 visa thing before that allows us to work on the gap. Is it possible? I wanted to rest for the entire 5 months (I can stay in US legally), my wish seems to be shattered by this new guy :(

Thanks for your answers.

 

Disclaimer: I am not a lawyer and my suggestions should not be taken as a legal advice.

Changing from OPT to J1 should be the last resort. There may be few technical and legal considerations. If you must do it, make sure before application that you will not be subject to two years 'Home Country Residence' as part of J1 approval. Talk with a good immigration lawyer before you do anything. It may be that the other person will also end up doing nothing between May and October.

You shouldn't apply for J1 after you apply for H1B. Generally, the second application prevails over the first one. There is a high chance that immigration officer will reject your H1B application if you submit J1 visa application after H1B application.

hey boka bro
its better if u contact a lawyer........its really a risk if u apply 4 J1after u apply for H1B.

if you really have to work thn how abt going back to school for only htat period..i know of a school that gives cpt first day fromclass and also the clases are only once every 2 weeks. that way u can apply for h1 and incase u have to work u can work on cpt...just a suggestion hai pheri...check out the website www.gbc.edu

a lot of my frens are doing that..i think they have a class starting in may..so think about it..maybeits a better option thn the J1 visa thingy!!! Good Luck and hope you figure things out fine!! peace!!!

why dont u talk with ur University in International center.

I talked abt same problem, they told me that, since I am in F1 status even when I am doing OPT, so its the responsibility of University to have our data updated. That means, even after your graduation, u can talk with ur department for CPT ( Since CPT for summer, you can do full time(May - August)), it wont b problem for u to work in the same company. Man, you are nearing ur future to being stable, dont miss this chance to get into H1, may b after getting H1, you can take break from work.