I’m responding to a comment/question from Neha D about OPT Expiration date and possible options available if OPT Expires.
Question:
Can you please help answer my question? My sister just got a Masters degree and her OPT finishes on October 31, 2008 but she hasn’t found a company to sponsor her H1-B visa. I believe that the quota finished in April 2008. What are her options now? Can a company still file for her H1-B visa under Masters degree? Also, can a company apply for her H1-B visa for 2009? And based on that can her OPT be extended till then?
Can a company still file her H1B Visa under Master’s Degree Quota?
She has to apply for H1B in 2009. For total of 20,000 Advanced Degree H1B Quota, about 31,000 H1B applications were submitted during first week of April 2008.
Can a company apply for her H1-B visa for 2009?
Yes, company can apply for H1B Visa next year, but she has to maintain legal Visa status in U.S. till then.
Can her OPT be extended till then?
It’s my understanding that with new 17 months OPT regulation that was passed, she can apply for extension, but I think, if she applies for the extension, she cannot be stay unemployed for more than 120 days ( verify with other Immigration Websites, used to be 90 days) and company must be enrolled in E-verify program where she will be employed during 17 months OPT extension period. Sounds, but complicated, but this better option then running out of OPT.
What other options are available if OPT is expiring on October 31 2008?
Here are few ways, I can think of few ways for her to stay in U.S. and at the same time, she can maintain legal status
1) Find a job within October/31/2008. She has 3 full months and 20 days to find a job. I have written an detailed job search guide for students. She needs to start networking and find creative ways when searching for jobs. I know it sounds easy to write.
2) If she can’t find a job by then, she can join a consulting firm which is registered with E-Verify. I’m not sure if Indian Consulting firms will be enrolled in E-verify program. But, she can give it a try to get OPT extension. There are lots of pitfalls with this approach. You will have to carefully negotiate with Indian Consulting firm about job options.
3) Final option I can think about is to enroll in another Master’s or MBA program in the same school and apply for H1B next year through a consulting firm. If she can find a job by then, it will be much better option.
4) If someone reading this article can think of other possible options, I would appreciate if you write a comment and it would help so many other students who are in similar situation.
Consult with an Immigration Attorney if need more clarifications. Ideas expressed above are my personal opinion.
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{ 7 comments… read them below or add one }
you can continue working and enroll in some classes to keep your F1 status legal to give your empolyer time to apply for the next quota in April 2009.
for this if you need a school which provides cpt from the first sem itself and provides online courses too. u can leave me a message for further details on [email removed]
Hello,
Could you tell me about such colleges where u can go on CPT from ist semester.
Nikhil
How about J1 visas? Can someone tell about them? cause and extension for 17 months is not possible is she hasnt gotten a STEM degree, is she dedices to enroll in another program this must be full time,cause holders of F1 visas must enroll to a full time program and cannot work at the same time and i dont think she would like to get another masters degree cause she already has one, and it is too difficult to find a job with just 3 months left, companies usually wont hire someone that will stay just for 3 months, of course depends on what type on industry you wanna work for.
Anyways my best solution is J1, however am not quite sure about how it works, i know it could be first best alternative.
I have a Masters degree and a job and my OPT is going to expire in December 2008. My current employer has filed for the H1 B visa. We are waiting for the receipt or any kind of response from the USCIS.
My question is; In case the H1 B visa does not come through, can I continue working and enroll in some classes to keep my F1 status legal to give my empolyer time to apply for the next quota in April 2009?
hello sir
this is hari i appled for h1b visa for 2009 but i haven’t revcevied any news from my consultance they are telling plz wait it takes 2-3 weeks. is it true wat’s my status looking for ur reply….
regards
Hari
Yeah, thats true. But, she didn’t mention her major in the comment.
What is her major? If she didn’t hav a STEM degree, she cannot apply for a 17 months extension of her OPT.