OPT expiring, applied H-1 - can I go on leave of absence or Quit?

[ramakrishna 0]

Here is my son's case;

My son has done his Masters degree here & currently on an OPT which is expiring on 7/8/15 (1 month). He is currently working for a cap-exempt non-profit institution and they are going to be sending his H-1B next week. They plan to do it premium process but I understand sometimes delays can happen and that is why I was wondering.

Cap gap rule does not apply here as this is a cap exempt position.

If OPT is expired, I understand my son has to stop working until H-1B is approved. Can he go on unpaid leave of absence until H-1 is approved or does he strictly have to quit and rejoin. His job is allowing him to go on upto 2 months unpaid leave of absence until he is able to solve these visa issues. The process for him to quit and rejoin may take 3-5 months due to the way his job is setup so we are really hoping he can go on leave on absence until H-1 is approved.

Is this going to be possible?

[NancyNguyen 1,657]

I don't think any big organization would hire someone with an expired EAD. And what if his H1B application is still pending after his leave is over? Just stay on grace period (60 days after OPT ends) and leave when it is up. When H1B is approved, he can come back in no time. Good luck.