| Username |
Post |
| Romanticated |
Posted
on 06-Apr-04 09:29 PM
My OPT has expired now as well as H1B for 2004 is over too. But company is willing to give me a job. My question here is, can they hire me from now (Because they have openings today) even though H1B for 2005 will open from Oct, while OPT is not even valid? Right now, I am on F1. Also H1B filling time started from April 1st. Suggestions are appreciate if you have gone thru this situation in past.
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| TitoMitho |
Posted
on 07-Apr-04 04:58 AM
Romanticated,
You're in a tough spot if your OPT has already expired. How come you're still on F-1 - are you still in college?
I think one alternative you have is to ask your company to apply for H1-B right away. As long as you have an application pending with USCIS (formerly INS), your status will be legal. However, you might only be able to begin work in October since that's when the new quota for 2004-2005 will resume. Here's a quote from the USCIS website:
"The earliest date a petitioner may file a petition requesting FY 2005 H-1B employment with an employment start date of October 1, 2004, would be April 1, 2004."
Check out this site:
http://uscis.gov/graphics/services/tempbenefits/TempWorker.htm
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| rauniyar |
Posted
on 07-Apr-04 06:04 AM
hi there,
you are in a bit of a predicament here. I have been thru few H1 experiences. Based on those I can say that you are better off:
1. Applying for H1-B ASAP for the Oct 2005 Quota.
2. Figure a way to get out of the country within specified time (like one or two months) upon expiration of your OPT.
3. And/or apply for a fresh F-1 at least in a paper to have your case pending at INS.
Hope it helps.
Uhi Rajeev
CT, Amrika
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| Romanticated |
Posted
on 07-Apr-04 09:06 AM
I am in the middle of my Masters back to F1 (I-20). And I am applying now. Thanks
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| TitoMitho |
Posted
on 07-Apr-04 09:17 AM
Romanticated,
Your get one year of OPT after undergrad and another year after grad school. Do you mean you've used up your second OPT too? If you have, and are still on F-1, can you ask your company to apply for your H-1 now so that you can begin working in October?
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| GT |
Posted
on 07-Apr-04 09:50 AM
what if he/she had already used 6 years of H1B. What options does he/she have?
any suggestions?
TIA
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| Mitra 2 |
Posted
on 07-Apr-04 10:18 AM
GT,
I believe one can continue on H1B after completing 6 years ONLY if his/her labor certification application is pending for at least 1 year. Otherwise one has to leave the country for a certain period (in years) before he/she can start another H1B for additional 6 years.
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| GT |
Posted
on 07-Apr-04 10:22 AM
Mitra 2, thanks for your prompt reply. what if he/she has not applied for Green Card; can he/she change his/her status to F1 or other status?
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| Mitra 2 |
Posted
on 07-Apr-04 10:32 AM
Yes you can. I changed my status from H1B to F1 when I got laid off from my previous employer. However, things are not as easy after 9/11.
Good luck!
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| romanticated |
Posted
on 07-Apr-04 03:32 PM
TitoMitho,
No No I haven't used both. I have only used one after undergraduate. But the Real situation now is, while I am on F-1 and going for masters at the same time found a job. so company is willing to sponor H1. However, even if I get H-1 approval, I can't start working before Oct 1. So in meantime (duration of this gap), What happens to F-1. Or so you still have to go to school or what are the options? Except going to Nepal!
For some of you, I have found really a good discussion board about this situation. It could answer lot of questions. Use the following link:
http://murthyforum.atinfopop.com/4/OpenTopic?a=frm&s=1024039761&f=5004019812
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| TitoMitho |
Posted
on 07-Apr-04 06:07 PM
Romanticated,
I'm not sure I understand you. You say you've only used up your first OPT after undergrad but are already in grad school. If you haven't used up your OPT that you get for grad school, why can't you use it?
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