F1 to H1B

saher

Registered Users (C)
Hi ,

I am currently on a F1 Visa which expired in the Month of August 2005.I am working on my OPT and it will expire on March next year.Since the H1B cap was reached for bachelors student , I would like to know if there is any way for me to continue working till my H1B gets approved next year. My employer was bit late in applying the H1B but now they are willing to sponsor.

I would also like to know if there is any way I could still get into the H1B quota for this year i.e. for year 2006. Please Advice me on this because I am really worried about my status. Can you also let me of what are my options left in order for me to live in USA with a legal status.

Your Help and Advice will be really appreciated.

THANKS
 
you can only work as long as your OPT is valid.

you can always extend your F-1 status by starting a new program after the OPT (do apply early and get a new I-20 before your OPT runs out - but once you get it, you can't work).
 
My friend did not apply for the OPT. He graduated in May of this year. His F1 visa expires in December 2005. Since the cap has been reached for the H1B visa for this year, can my friend still remain employed with his employer? If so, for how long? If not, what can he do next to stay in the U.S. legally?
 
if he didn't apply for OPT and he graduated in May, what status was he in all this time? None? Well, bad news - he cannot change his status to H1, he is out of status, he cannot be employed. If he has been out of status for more than 5 months, he cannot get reinstated either.

The lesson - don't fall out of status.
 
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