Working in OPT (expires soon), couldn't get H1 approval due to quota reach, pls help!

K

kanta80

Registered Users (C)
Can anybody please please suggest me with the following:

I am working as a Software Engineer in one of the
world's biggest companies, but I won't be able to work after January 9, 2006 since my O.P.T will expire then and I didn't get H1B since my application
reached in USCIS in August 11, 2005 and they accepted the applications
until Aug 10. My husband is in H1B. Since my OPT will expire in January 9, 2006, what status should I take then if I want to be in status until Sep 30, 2006. If I want to take H4 status, when should I apply for it? My employer will apply for my H1B again for Oct 2006 quota. At the same time they are applying for EB3 green card with PERM. Shall I take H4 status or get another I-20 and get admitted in college for second Bachelor's just so that I can be in status until I can start working again on Oct 1, 2006? Please note that I have a U.S. Bachelor's Degree, not Masters.

Is there any way at all that I could continue my work somehow until my H1B in 2006?

In short, What is the best thing to do in this situation? Somebody please clear my confusions. I am all stressed out.

Thanks in advance.
 
Seems like your only two options are to either get another I-20 since you are already on F-1 status (this may be a cheaper solution), or change your status to H-4 and be a house wife until Oct 1, 2006. :P (note that your time on H-4 will be substracted from your 6 year H-1B Cap)
 
Thanks for the reply, jetector.

Another question comes up when applying for a new I-20 in order to stay in F-1 which is since my employer is applying for PERM, if I will still be eligible for staying in F-1. I am all confused. Looking forward to see some input from people who have some ideas or experiences in these matters.

Thanks.
 
A Labor Certification Application does not change or affects the person's status. This is done with the Dept of Labor, not immigration. So basically, they ignore this until your petitioning employer actually files an immigrant petition for you.
 
Thanks very much again, jetector. Whatever you said makes full sense.

Do you know if the bill that is pending to be added with the House budget bill (S. 1932) gets passed and signed the president Bush, would that extra H1B become available to use right away? Or it will be applicable with the Oct 1, 2006 quota?
 
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