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Results 1 to 3 of 3

Thread: H-1/OPT/I-140 Application Questions

  1. #1
    Hi,
    I have been an F-1 visa student for the last 5 yrs. After graduating in March, I applied for the Optional Practical Training (OPT) and I got my permit in May. A few months ago I started working for a company in L.A. and I decide to file the application for an H-1 visa. So I called the international student center of my university to get info on the procedure to be followed. The advisor told me that the max quota of H-1 visas available has been already reached; therefore my application cannot be approved until October 2005. This means that next May, when my OPT expires, I will have to quit working at least for 5 months, until I get the H-1 in October.
    I was completely unaware of the existence of this "max quota" so I called the American consulate in Italy and they told me that instead there shouldn't be any difficulty for me to extend my working permit, all I should do is file the I-140 application (petition for alien workers) through my employer.
    Now I am really confused. Is the I-140 the application for the H-1 visa or is it to obtain a different working permit? Is it true that I can't get the H-1 until October 2005? Plz suggest me what I should do. I will really appreciate any help.
    Thanks.

  2. #2
    Hi,
    I have been an F-1 visa student for the last 5 yrs. After graduating in March, I applied for the Optional Practical Training (OPT) and I got my permit in May. A few months ago I started working for a company in L.A. and I decide to file the application for an H-1 visa. So I called the international student center of my university to get info on the procedure to be followed. The advisor told me that the max quota of H-1 visas available has been already reached; therefore my application cannot be approved until October 2005. This means that next May, when my OPT expires, I will have to quit working at least for 5 months, until I get the H-1 in October.
    I was completely unaware of the existence of this "max quota" so I called the American consulate in Italy and they told me that instead there shouldn't be any difficulty for me to extend my working permit, all I should do is file the I-140 application (petition for alien workers) through my employer.
    Now I am really confused. Is the I-140 the application for the H-1 visa or is it to obtain a different working permit? Is it true that I can't get the H-1 until October 2005? Plz suggest me what I should do. I will really appreciate any help.
    Thanks.

  3. #3
    Luca,
    Have you tried to visit the immigration website? It is located at www.uscis.gov

    The I 140 is an application for permanent residency, where as the I 129 is the form used to apply for nonimmigrant H1b visa. What you should apply for depends on what your profession is and how long you intend to stay here. The H1b is renewable for 6 years usually, where as the I 140, together with some other forms, when granted will let you stay here.

    Yes, the quota for this year is already taken. So unless you are exempt from the quota because you had a student visa, you are out of luck until October 2005.

    Also, you have to make REALLY sure that you are not staying here illegally afther the OPT expires. Make sure you get advice about whether you can legally stay after that, if you don't work. I know that if an H1b expires and you stay, you are considered out of status. The USCIS can legally keep you out of the US for 10 YEARS if you stay illegally beyond 6 months.

    If you do file for an I 140, you usually have to start by filing for a labor certification in the state you live to prove that there is a need for you as a worker, depending on your profession. Getting that alone might take years. So you have to find out whether you will be legal to stay here once that part of it is filed. I advice you to talk to a lawyer.

    Hope I was on some help, I am not a lawyer, just a foreigner who has dealth with visa issued for 8 years........

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