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Reaches H1B CAP and OPT is gonna expire

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  • Reaches H1B CAP and OPT is gonna expire

    Dear all,

    I think you all know that USCIS Reaches H-1B Exemption Cap for Fiscal Year 2007.

    Here is my situation...
    My OPT is going to expire next month but my employer just submitted an H-1B petition for me last week. I guess it was received after 7/26 and means it will be rejected. Am I legally staying and working in the US after the grace period of OPT? Any option do I have after that? Thanks!!

  • #2
    Dear all,

    I think you all know that USCIS Reaches H-1B Exemption Cap for Fiscal Year 2007.

    Here is my situation...
    My OPT is going to expire next month but my employer just submitted an H-1B petition for me last week. I guess it was received after 7/26 and means it will be rejected. Am I legally staying and working in the US after the grace period of OPT? Any option do I have after that? Thanks!!

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    • #3
      no one knows? or my question is stupid?

      Comment


      • #4
        In my amateur opinion (that'll get AF1), you cannot remain or work legally after your OPT expires. You need to leave or find a way to maintain your legal status. If you're too late for this year's H1-B quota, then the earliest you could begin working legally would be October of 2007 (fiscal year 2007-2008), unless Congress expands the current cap.

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        • #5
          In my amateur opinion (that'll get AF1)..
          Why would it?

          Comment


          • #6
            common problem. It is why many people are pushing employers to start the green card process right away. You can go back to school or see if your boss can support you on a J-1. To do this they have to have a J-1 program. Caution: Changing status to J-1 may subject you the 2 year home residency requirement.

            good luck

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            • #7
              Thanks for Aliba and Sugarpuff's reply!!
              It's very helpful!

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