OPT expired, how to approach H1-B?

[me369]

What is the name of your state? MA

Hi,
my OPT expired on Jan 14. There is an employer who would be willing to sponsor me, and I have a Master's degree. I have no idea how to apporach the filing though, since the employer has no legal help.

Am I allowed to file for H1-B after the OPT has expired?

Thank you.

 

[ImmigAttyLana]

Yes, but you will likely have to go abroad for consular processing as it will not be approved as a change of status and once 60 days pass from the expiration of your OPT and the end of your grace period you are here unlawfully and have to depart in any event.
Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[sua111]

OPT Expired, Consular Processing...?

State : CA

Dear Lana,

I have a similar situation and I have a few questions. My OPT expired on Jan 26, 2005. I have an employer ready to sponsor my H1B(premium processing). From various posts on this forum, I have come to understand that I can apply for a new H1B on March 8th 2005, but since this date falls to be during my 60 day grace period, the H1B petition would not be approved as a Change of Status from F1 to H1B. And I would have to go for Consular Processing. Does this mean that I have to go back to my home country for the purpose of only visa? Or is it required for my petition approval too? Since I am applying for the H1B on March 8th, can I stay here until I receive the H1B approval decision, or do I have to leave US before March 26th(last day of my grace period) and await the decision of the approval, and return only after getting the approval, and visa at the consulate in my home country? Finally, is there a possibility that I can get the approval without having to leave US in these circumstances.

Thank you.

 

[nottingham]

What is Consular processing?

Dear Lana,

Please explain what is the Consular Processing ? how its diffrent from the regular H1 visa process?

thank you

 

[lizzcannon]

consular processing

Consular processing is necessary when an immigrant has an issue such as entering without inspection or an overstay of visa AND the immigrant is pursuing re-entry into the US from another country. If you are looking to pursue consular processing...be very careful to choose a lawyer that has experience with this process. It can be tricky and time consuming.

I'm assistant to a lawyer that specializes in this area and I've seen many people's cases handled poorly by other attornies before they come to us. Get references for whatever lawyer you are considering to work on your case.