F1->OPT->(What are my options)?

[nottingham]

What is the name of your state?
Michigan

Hello,

I came to USA on F1 visa. I graduated in Dec 2003 with MS Degree.My OPT is going to expire on Feb 10, 2005. I do not have any job right now.My wife is staying with me . She is on F2 visa.

1) What are my options?
2) My friend told me that there is no limit for H1 visa for the F1 visa holder, is it true?
3) If I get the job before the OPT expire and employer will file pitition for H1 visa, what is the earliest date i can start work?
4)In any of the options, do we have to leave the USA and go bacy to our country?

Waiting for your reply.

Thank you.

 

[ImmigAttyLana]

The H-1B quota will specifically apply to someone in your situation unless you find a job with an employer who is H-1B cap exempt (college, university, research institution or government research organization). THe earliest that the H-1B for nonexempt organizations can be filed is April 1, 2005 and the earliest start date of employment is October 1, 2005. If you are not able to get an employer to file the H-1B on your behalf before your OPT expires, which looks like will be the case, you will need to depart the US and wait for the opportunity to process the H-1B visa at the US COnsulate in your home country. If you choose to remain in the US beyond the expiration date of your, you will be prevented from changing status in the US and you will run the risk of never being able to legalize your status because you will be accruing unlawful presence in the US.

 

[nottingham]

Michigan.

If i find an employer , who can file the H1B visa for me before my OPT expire then do i need to depart US or i have to wait till April 1 2005 ?In that case what will be my legal status during those days?

Thank you.

 

[ImmigAttyLana]

An employer CANNOT file a h-1B petition on your behalf until after April 1, 2005 unless it is a cap-exempt employer. Therefore, if it is not, it will be impossible for an employer to file on your behalf before your OPT expires. You will most likely need to depart the US at the expiration of your OPT and if an employer does file for your H-1B when it is possible to do so and that petition is approved, you will be able to enter the US with a H-1B visa which you will need to obtain at the US COnsulate in your home country.

Please let me know if you have any additional questions or need further assistance with this matter.

 

[nottingham]

Michigan

Thanks for your reply.

My OPT will expire on Feb 10, 2005 then after i will have 60 days grace period which will ends on April 11, 2005. So, if employer will file the H1 visa on the first day of the April 2005 on behalf of me, in that case do i need to depart the US and come back or i can stay on the base of visa application?

Thank you.

 

[ImmigAttyLana]

That will depend on whether the USCIS will once again this year authorize the status of those F-1 students on whose behalf a H-1B was filed prior to the OPT expiration to stay in the US lawfully to await the start date of employment. It has been authorized in previous years where the cap had been reached, but each year they have to make a separate authorization and at this time it is not known whether or not this will happen.

Please let me know if you have any additional questions or need further assistance wtih this matter.