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MOHAN please HELP!

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  • MOHAN please HELP!

    Hi all,
    First of all, I want to say "Merry Christmas" to everyone. I have been in the States for over 7 years. I graduated from college December 2001. My only off campus work experience was working as a full time intern for 150 hours for one of my classes during my school years. I applied for an OPT same month I graduated from college. I had some errors in my application (I had to resend it) so, I got my EAD on August 2002 and my OPT will expire on January 2003. I did NOT work until I get my EAD.
    Now, I am working with a company with my OPT but I do not see myself in that position in the future and my uncle will start a business soon (in a month) in the States and I want to work for him, so I do not want to apply for H-1 with my current employer -this is totally cost related, applying twice for H-1B will cost me over $5000! Anyway, here are the questions I have:
    1- ) Can I apply for H-1B visa after my OPT expires which would be during the 60 day grace period?

    2-) Do I need to leave the country after the 60 day grace period although I apply for H-1B with my uncle's company or INS will/might let me stay in the country (I will NOT work during the grace period) until I get an answer from them?

    3- ) Is there any difference between applying for H-1B before/after OPT expires as far as getting approved chances go?

    4- ) Do I have to go back to MY country after the 60 day grace period or for instance Canada is fine?

    5-) Should/can I apply for B-2 visa to be able to stay for longer until I finish the H-1B process and do you recommend this?

    6- ) Does this case seem complicated, should I go to any lawyer or a good lawyer is a must? (I would not want to see a doctor just because he/she charges less than others :-)

    I would greatly appreciate if I get a response for my questions. Thanks in advance and again MERRY CHRISTMAS to you all!

    GOD BLESS

  • #2
    Hi all,
    First of all, I want to say "Merry Christmas" to everyone. I have been in the States for over 7 years. I graduated from college December 2001. My only off campus work experience was working as a full time intern for 150 hours for one of my classes during my school years. I applied for an OPT same month I graduated from college. I had some errors in my application (I had to resend it) so, I got my EAD on August 2002 and my OPT will expire on January 2003. I did NOT work until I get my EAD.
    Now, I am working with a company with my OPT but I do not see myself in that position in the future and my uncle will start a business soon (in a month) in the States and I want to work for him, so I do not want to apply for H-1 with my current employer -this is totally cost related, applying twice for H-1B will cost me over $5000! Anyway, here are the questions I have:
    1- ) Can I apply for H-1B visa after my OPT expires which would be during the 60 day grace period?

    2-) Do I need to leave the country after the 60 day grace period although I apply for H-1B with my uncle's company or INS will/might let me stay in the country (I will NOT work during the grace period) until I get an answer from them?

    3- ) Is there any difference between applying for H-1B before/after OPT expires as far as getting approved chances go?

    4- ) Do I have to go back to MY country after the 60 day grace period or for instance Canada is fine?

    5-) Should/can I apply for B-2 visa to be able to stay for longer until I finish the H-1B process and do you recommend this?

    6- ) Does this case seem complicated, should I go to any lawyer or a good lawyer is a must? (I would not want to see a doctor just because he/she charges less than others :-)

    I would greatly appreciate if I get a response for my questions. Thanks in advance and again MERRY CHRISTMAS to you all!

    GOD BLESS

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    • #3
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      • #4
        5-) Should/can I apply for B-2 visa to be able to stay for longer until I finish the H-1B process and do you recommend this?

        Since you have been here for such a long time, you probably will not get the B-2.

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