Does any one have idea or experience to the following scenario?

OPT expires on mid june, Company is willing to do H1-B filing, there will be gap even after 60 days grace period which I have to manage somehow to stay in status. Is it possible that your H1-B might not be approved due to the gap you will have? Is it necessary to show the proof of statying on status till oct? This whole shit is $#%^ed up!
Suggestions or experience would be helpful.

You need to get enrolled in some college (F1 -status) before filing ur H1-B . I would say go to some community college before ur OPT expires ..be in F1 status and then ur employer can file ur H1-B.If they file it now, you have a very high possibility of getting rejected. I dunno all the details but I hope this helps.

hyperthread,
then have the lawyer file H1-B effective from the OPT expiration date.

if you do not get the decision and your opt expires then
You cannot work { LEGALLY} while your case is in progress. But you are still in status and waiting for adjudication of your case.

I had the same issue .. let's say 7 years ago. My opt expired in DEC 31. My H1 was filed in August first week. Decision for H1 case came in end of JAN. H1 was effectively approved from DEC1st. I was LEGALLY NOT WORKING In the company during the period of 3 weeks (O:

Thapap , I am confused with your suggestions, check this out:
H1B News : Possible Memo; Cap-Gap Relief is Not Likely
Posted May 05, 2006
©MurthyDotCom
Various attorneys from the Murthy Law Firm were involved with the planning and participated in a recent AILA Washington D.C. Chapter Conference. We now are able to share important insights and revelations from senior government officials at the conference relevant to H1Bs. The USCIS anticipates issuing guidance on some key H1B matters shortly, as well as a memo later this summer. Additionally, they advised that they do not foresee any "cap-gap" relief to assist students in changing to H1B status from within the U.S. While the lack of cap-gap relief is not positive, there were other items that may prove beneficial when the USCIS issues guidance on these matters.
©MurthyDotCom
The topics addressed in a possible future memo appear to be positive, favorable interpretations of the laws and procedures relating to H1Bs. We want to make it clear that what is being discussed is a possible memo, based on discussions during the conference. This is not, as yet, an existing memo. In addition, the USCIS indicated that they expect further H1B guidance, regarding the H1B Master's Cap and the cap exemption, on what constitutes "affiliation" with an institution of higher learning. This guidance is likely to clarify some areas, while adding restrictions to others.
©MurthyDotCom

hyperthread,
i told you my personal experience. i.e. what happened to me.

i am not talking about the cap relief and so on.

I believe although fiscal year starts from OCT. you can file for application like 90/120/180 days prior to that and effective date can also be same. Mine was filed like 150 days before the expiration and effective date was 60 after the fiscal year.

send me email if necessary.

Hyperthread,

There is another way out. You can file for certain (M-95 , or something - I forgot) form that would allow you to stay in US legally in the interium - say like X number of months. It would cost you around $200-$300 bucks. At most, it should not topple $500, including the lawyer fee.

Your lawyer should know what's the form called. Maile naam birse chu ke form thiyo tyo. That (filing that form) should effectively solve your problem.

Hope this helps.

IndisGuise:)

okey got ya!!

thanx indi, I will try to find out this weekend

.. Hyperthread--- which company are u working for ?

is it like a Indian Consulting company or like a Job Placement company or a actual corporation ???

hey indi uncle,
call me.. its been a while since i talked with you..

thanx all for the info ......
latoboy>>> what elese man ... sala kunai le kaam diyena 1 barsa samma ! aba neighbour jindabad!!