Opt To H1b - Quota?

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goncode

Registered Users (C)
Hi Everyone:

Here is my situation: I've been working for my employer for 4 months now but my OPT is expiring, now It comes the times where my employer wants to hire me and help me getting an H1B but for what I've heard the limit for processing h1b has been reached for this year. I would really love if someone could help me or give me any advice, my employer would do "anything" for me to stay working for them. I don't have a master degree from an US institution, I got my OPT after getting a certificate in computer technologies, my citizenship country is spain.

Thank you very much.
 
There's not really much you can do to get hired if you don't have a US Master's degree. You will have to apply for next year's H1B general pool in April. Until then, you will either need to find some way to stay in status in the US (go to grad school) or leave the country temporarily.

I'm in the same situation.
 
But if I go to grad school.....I can't keep on working right?? What about...leaving the country and reenter with a b2 visa? I also heard that If my employer is an exempt employer I might me elegible for an H1b, how do I know if my employer is an exempt employer??
 
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goncode said:
But if I go to grad school.....I can't keep on working right?? What about...leaving the country and reenter with a b2 visa? I also heard that If my employer is an exempt employer I might me elegible for an H1b, how do I know if my employer is an exempt employer??
Click to expand...

If your company is private, not government related nor academic institute,
it's most likely cap subject.
 
Yes It's private and non goverment related, what cap subject means?(i guess is not an exempt employer). So my question is...if I stay in the country with my actual status...without working until april...would I have any problems in april to apply for h1b since I might be out of "status" (after my opt expires in theory I have to leave the country in 30 days or change my status). Is it a good idea then to maybe leave the country and come back with a B2?

Thanks.
 
Once your OPT expires, you have 60 days to either leave the country, stay on F1 status by going to grad school, or somehow changing your status to something else.

If you stay in the country after your OPT expires AND longer than 60 days, you will be out of status. I don't really know the consequences of being out of status when applying for the next H1B, but I can assume that it's not a good thing.

I don't know about the B-1 or B-2 option myself. But from what I've read, B visas are usually for employees whose workers will come to the US on a temporary basis and whose payrolls are from a foreign based company. B visas are not meant to be used for regular US employee positions. That being said, I have no idea how feasible it is.

I'm not a lawyer myself - I'm just someone in the same situation as you. For me, I decided to simply go to grad school and get my H1B in April and resume working in October.
 
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