I have another question. My PhD is in education. I have used up my 12-month OPT. Can the old university file an OPT extension under such circumstances? Does a new I-20 mean that I need to enroll in one program?
-If your OPT EAD expired, but it is less than 60 days (you are in F1 grace period) when your employer files the H1 petition, you still can use Cap-Gap rule benefit to extend your legal stay by getting a new I-20 from the school you just graduated and putting the F1 extension to SEVIS, but you can not work until Oct.1. when your H1 is approved and effective. So, just talk to your old school you just graduate after you get the H1 receipt and they know how to do to help you. You do not need to enroll any courses in this case.
If you are not in F1 grace period (OPT EAD expired for > 60 days), you may need to get the I-20 to enroll full time courses as an F1 student until Oct. 1. Otherwise, you have to leave US to get the H1 visa to come back after September 21, in advance up to 10 days before the H1 is effective.
When you say 'always talk to the school after you get H1 filing receipt', does you mean this hiring institution?
-No. What I mean is that you need to provide the H1 receipt to the old school to extend your F1 (OPT) using Cap-Gap rule.
Thanks a million
