H1B petition pending and OPT expiring on Jan31st

F

flamingo

New Member
I am in a really bad situation.

I applied for my H1b visa in Jul '05 and got a response back in Sept from USCIS asking for additional evidence. My attorney just sent it last week.
USCIS is now saying that it might take 30 - 120 days usually but since its a reply for their question, it will take less than that.
My OPT is expiring on Jan 31st '06 and I have just 60 days grace period after that.
In case I receive a denial for my H1b after 45 days from now and the existing visas (from 20,000 cap) get filled by then and If I want to look for another employer and if he is ready to hire me and sponsor my H1b, will I be having a chance to stay till the next 20,000 cap starts?

When does the next 20,000 cap starts?

Please help me.
Thanks.
 
You'll miss a few days if you filed for FY2007.

http://www.murthy.com/chatlogs/ch101705_P.html

Chat User : Hello, Ma'am. Can you please tell me what would be the effective date of H1B visas (20,000 quota) for graduates from U.S. universities next year? When will the new quota (2007) start? Do these visas also work similar to the normal quota of 65,000? i.e. application starts from April 1st, and they are effective from Oct 1st of the same year?

Attorney Murthy : Yes, the timeframes are the same for the 20,000 masters quota H1Bs, except that they are not getting used up as quickly as the USCIS had thought they would. So the filing start date is April 1, and the work start date is October 1, under the FY2007 quota, but if there are still H1Bs available under the FY2006 quota, then one filing on April 1, 2006 can request a start date of October 1, 2006, or put an asterisk and request an earlier date if there are visa numbers available under the masters quota from say July 1, 2006 under the FY2006 quota.
 
Thanks much for your timely reply. I think I better start applying for another H1B with the available visas alloted for Masters Quota for FY2006 by joining a consultancy instead of waiting for a response from my current employer.
 
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