Missed H1 Quota, Currently on OPT

S

sudhirkhanna

Registered Users (C)
Hi,

My employer was unable to apply for my H1B before the quota hit the cap. I am currently on OPT (F1) that expires in May 2006. My employer is willing to apply for my H1B next year starting April 1st. But even then, I would have to be unemployed between May and October 2006. Is there something that I can do to prevent myself from going out of status after May?

Someone suggested EAD renewal to me. But would I be allowed to renew my EAD? Any help, suggestions would be very welcome and greatly appreciated

Thanks,
Sudhir
 
Hey buddy,

I was exactly in your situation last year. Unfortunately, there is not much you can do to prevent you from not being able to work between May and October. My OPT expired this year from July 15, I've got the H-1 approval, and I'm in my home country now waiting to come back to US in October so I can resume working...

EAD renewal only works for GC applicants.
 
Thanks for the replies.
I recently read on a website that if you have applied for H1 and you run out of status, you don't necessarily have to leave the country. So I am hoping I won't have to leave between May and October. Still I am hoping there is some way I can keep working. If anyone has any ideas as to how that might be possible, please guide me.
Thanks.
 
try using 20000 Quota available for masters students

Sudhir,
If you have a masters degree from any US university you can apply for H1. You don't need to apply under 65000 quota. there is 20000 H1 quota available for students with Masters or higher degrees. only 10000 (approx) has been used up. So hurry up and pursue in that direction.
Moooonwalker
sudhirkhanna said:
Thanks for the replies.
I recently read on a website that if you have applied for H1 and you run out of status, you don't necessarily have to leave the country. So I am hoping I won't have to leave between May and October. Still I am hoping there is some way I can keep working. If anyone has any ideas as to how that might be possible, please guide me.
Thanks.
Click to expand...
 
Moooonwalker, I do not have a Master's degree or any other Advanced degree. I just have a Bachelor's which makes things more complicated. Any advise would be greatly appreciated.

Thanks.
 
Last edited by a moderator:
Great Guru,

I'm quite sure the attorney is wrong. You MUST have an advanced degree (Master's or higher) to apply under the 20,000 Advanced Degree Quota.

I've tried talking to an attorney in this area and things are seeming really hopeless. I really need a solution to my problem. The attorney also told me that even if my H1B gets approved next year before my OPT expires, I'll be able to stay in the country for only 60 days after the expiration. I was under the impression that if I get H1B approval, I won't have to leave the country till October even if I can't be employed for that duration.

Any other ideas, suggestions are very welcome.

Thanks,
Sudhir
 
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