F1 OPT to Pre Approved Labour

[onemoreblow]

I am OPT which is ending Jan 30 2005. A desi firm took my papers to file for H1 in July 04 and kept saying that the approval should come anytime. I asked for WAC # but they said they lost it and I shouldnt worry. Now, they tell me that they have mistakenly not filed H1. But, they are saying that they will use a Pre Approved Labor Certificate and they will file for I-140 and 485 for me. Is this right? Can this work? Is there any problem if I apply for it while on F1? I have already applied for a community college course so that my F1 status is valid even after my OPT expires. My only worry is that I lose 10 more months of my career if I go back to school. But, I am not sure how good an idea this Pre Approved route is. Please help. I dont know many people in this country whom I can ask for advice. Please take some time and post your thoughts. That will be great help.

 

[Valika]

You should look up a good immigration attorney who can advise you what would be the next smart step or who you should turn to. Do not worry if you are still in status, just hurry with all your paperworks. If you are still with the company working you can extend your opt by applying for specifc forms and it takes only a couple of weeks to get that.

 

[talkative]

OPT on F-1 is one year, and there's no way to "extend" it. Merely enrolling in a course will not preserve your F-1 status. As you have presumably completed the degree your I-20 was previously issued for, you will need to start a new program and obtain a fresh I-20 if you want to remain in F-1 status. Remember, after you complete your next degree, you will not receive any additional OPT time.

Preapproved labor would work, but it is extremely risky on a F1 visa. The moment you apply for 140/485, as your OPT is expiring, your only status would be pending 140/485. If they reject that, you are out of status. Given your flaky employer who cannot file a simple H1B, I really doubt they can pull off a preapproved labor.

My suggestion is that you cut your losses and find a more reliable employer. You may want to track the recent legislation allowing 20k extra H1B for people with a US MS degree.

Assuming you completed your Masters, your best bet may be to go back to your school for a PhD now. If you were to find a H1B employer, you can abandon your PhD and join work.

Yes, it's time lost, but you really don't have many options as far as I can see. You're not alone - many many people on this forum have been through what you have been. Ask your question in an appropriate forum with a proper thread title, you will get a reply. Try scraping enough money to consult Rajiv's office. Try your school's international students office as well.

WHatever you do, don't let your status lapse. It'll be the worst thing you can do and it will haunt you later, if you were to stay back in US.

 

[labordrags]

I am OPT which is ending Jan 30 2005. A desi firm took my papers to file for H1 in July 04 and kept saying that the approval should come anytime. I asked for WAC # but they said they lost it and I shouldnt worry. Now, they tell me that they have mistakenly not filed H1. But, they are saying that they will use a Pre Approved Labor Certificate and they will file for I-140 and 485 for me. Is this right? Can this work? Is there any problem if I apply for it while on F1? I have already applied for a community college course so that my F1 status is valid even after my OPT expires. My only worry is that I lose 10 more months of my career if I go back to school. But, I am not sure how good an idea this Pre Approved route is. Please help. I dont know many people in this country whom I can ask for advice. Please take some time and post your thoughts. That will be great help.

Few Desi firms I have seen after I graduated with my BS degree from US are nothing but all reputable to suck your blood. All they care is how to make money, many of them lease an office space to show the physical location of their office if anyone asks for it, and label themselves as contractor, sub-contractor and sub-sub-contractor. So try to ignore them as much as you possibly can.

From what I understand from your post, first that Desi firm tried to lie on you, and believe me you cant trust someone who lies to you. They are absolutely not trustworthy. Saying they filed H1 and later saying they did mistake of not filing, they are trying to play with your innocence. Most of them try to be more polite to US graduate students, as they see easiness in understanding US accent with no problem.

They could have Pre-Approved Labor, no doubt. It could be the one who they promised in giving and pulling the rug out of their feet later on, who knows??? You can start working right after since you still hold your OPT. But after its expiration, you need to get the EAD to continue work. There is no problem if they want to apply for you even you are F1. But for F1 you really don’t have much of full-time experience, and not sure what Pre Approved labor indicates about the experience. You have 60 days to get the new I-20 and within sixty days, you need to join college when the session starts, for instance you can join summer school, coz around March when your status expire you really cant go to school that time. You will be still in status once you have your new I-20. I would worry about maintaining my status than worrying about losing 10 months of career.

You can consult with Immigration lawyer about this issue, but you don’t lose your status, if you have your fresh I-20. Assuming that you are done with your Bachelors, if you wish, you can go to Masters, and when the program is over, you get another OPT for one more year, or during your Masters degree pursue, if you find an employer who is willing to do your H1B, you can abandon the Masters program and jump on gun right after.

I would put that desi firm name and address in this post and make others aware of their scam.