F1 to H1

[sbkal]

What is the name of your state?What is the name of your state? PA
Hi, I graduated from Drexel university, philadelphia PA in June 2004 and my OPT is valid till June 2005. I found an employer who is willing to file for my H1 through normal processing sometime mid September 2004. He doesnt wan't to go for premium processing.

My concerns are:
what happens to my petition if the H1 cap for fiscal year 2005 is reached before I get a H1 B approval? My employer says that as long as I file my H1 before October 1 2004, I have nothing to worry about me getting a H1. Is this true?

How does the interim status granted to f1 students work?
My OPT end date is june 13th 2005. And another 60 days grace period would be Aug 12th 2005. So does it mean that if I don't get into the h1 cap for fiscal yr 2005, I am eligible for interim status till fiscal year 2006 starting October 1 2005? Or do i have to leave the country for H1 stamping?

As my OPT expires in june 2005 and say, i dont get a H1 by october 1st 2004, can I enroll in another master's program for summer quarter 2005 and fall quarter 2005, so that I can legally stay in this country and then switch to H1 on october 2005 while on F1?

Thank you
sbkal

 

[sbkal]

can somebody please answer my questions?

 

[ImmigAttyLana]

There is no need to file for premium processing if you do not need the H-1B approval right away, but the petition should be filed asap because the quota for the 2005 year is very quickly approaching. There is no guarantee that it will not be reached before October 1, 2004 so if you want to ensure that you get one of those visa slots, you must get the petition filed right away. If you do not get it, and you are eligible to extend your F-1 status to continue your studies, you will be able to do this through the university filing a new I-20 on your behalf.

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

 

[sbkal]

F1 OPT question to lana

NJ

Lana,
What happens if my H1-B petition is not filed in time.
Would I receive a letter saying H1-B visa rejected or an explaination that I cannot be issued a visa due to the cap being reached? Does this impact when I apply for H1 again next year in 2005?

Also say, I dont get into the H1-B cap this year, can I enroll for fall 2005 MS program and in the mean time stay legally in the country? My OPT expires in June 2005. I do understand that I would need a new I 20.

Thanks for your answers
sbkal

 

[ImmigAttyLana]

Usually, if your application is submitted before the USCIS announces that the cap has been reached, they are committing to adjudicating your petition because it has already been "counted" toward the cap. However, if you attempt to submit the petition after such an announcement is made, it will be returned to you.

As for when you would be able to refile for the next fiscal year, it would depend on when they USCIS announces they will start accepting applications for the next fiscal year. This year it was April 1, 2004, but there is no way to know whether they will follow the same procedure for next year.

If you do not get the h-1B for this year, you can extend your f-1 status, but then you would probably lose the OPT EAD and since it is valid until next june 2005, giving you the ability to work in the meantime, I am not sure that you would want to do this.

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

 

[sbkal]

lana, I am currently working on OPT and intend to use it till june 2005 incase my H1 is not filed on time. In such a case I wish to enroll for an MS program for Fall 2005 which would be around September 23rd 2005. So my question was am I eligible to stay in USA legally during the period of June 14th 2005 - September 23rd 2005? which is the period between my OPT expiration and classes start date.

Again, my OPT expires June 13th 2005.

 

[ImmigAttyLana]

I would say "yes" but again, think about the fact that you'll probably want to file the h-1b petition for the following year if you cannot get it filed this year so by the time your OPT expires, you should have the h-1b filed and this in itself will allow you to remain in the US until the start of the h-1b validity period.

 

[sbkal]

thanks a lot. You have cleared my doubts.

sbkal

 

[sbkal]

f1 to H1 one last question to lana

lana, to make things clear to me,

In your last reply you said " I would say "yes" but again, think about the fact that you'll probably want to file the h-1b petition for the following year if you cannot get it filed this year so by the time your OPT expires, you should have the h-1b filed and this in itself will allow you to remain in the US until the start of the h-1b validity period. "

so are u suggesting that if a my OPT expires on June 13th 2005, and my H1 is filed before this date, I can stay in US legally during this interim gap without having to enroll in another Master's program that starts in fall(September ) 2005 to maintain my F1 status in the mean time?

many thanks
sbkal

 

[ImmigAttyLana]

Yes, this has been the case in this last and in previous years where the cap was reached during the year and the h-1b was filed for the next fiscal year prior to the OPT expiration date.