Cannot apply H1B without 17-month extention? True?

[ken_oy]

I am applying for H1B right now. But I receive a message from the International office.

message:
"
If you qualify for the OPT 17-month extension we will not be able to process an H-1B visa for you until you near the end of this extension period.
"

Is this true? I never heard about this. Is any new law?

Thanks.

 

[fromnaija]

I think the OPT 17-month extension is optional and not mandatory. The purpose of the extension is to enable students who graduate out-of-cycle for H1 application in April to be able to apply by the following year. So if you qualify to apply for H1, you do not have to compulsorily take the 17-month extension.

One question: Is the International Office offering you employment or what? Otherwise you do not need them to apply for H1 through a bona-fide employer.

 

[ken_oy]

Yes, they are offering my employment. And I am applying the non-profit H1b visa. I haven't heard people need to apply 17-month extension before applying H1B.
Is any place I can check the law and argue with them?

Thanks for your reply!



quote

" I think the OPT 17-month extension is optional and not mandatory. The purpose of the extension is to enable students who graduate out-of-cycle for H1 application in April to be able to apply by the following year. So if you qualify to apply for H1, you do not have to compulsorily take the 17-month extension.

One question: Is the International Office offering you employment or what? Otherwise you do not need them to apply for H1 through a bona-fide employer."