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**Eves** · 02-19-2004, 09:13 AM

I am currently on Optional practical training, which expires in summer. My employer is willing to sponsor me for an H1-B, and I sent my application on Feb 17 - the day when the quota was reached. Since my application was most likely received on Feb 18, I was wondering if anyone has any suggestion as to my options right now. If I waited till Oct to reapply, I would lose my job, as my employer would need to hire someone else to fill my position in June. Any advice?

**journey** · 02-20-2004, 01:33 AM

A similar situation happened to me. Unfortunately, I did not even make the Feb. 17 deadline.

The good thing is we can file for 2005's fiscal year starting April 1, 2004, and begin working legally on Oct.1, 2004. But the question still remains..what do we do from now until October?

In my situation, I am lucky enough to have financial help from my boyfriend, so I remain as an unpaid worker at the company that is willing to sponsor me. It's a fair bargain: I get experience in my field straight out of graduation, and my employer gets free skilled labor for seven months. The fact that I'm also Canadian allows me to stay in the U.S. without a visa for up to 6 months.

I'm sorry about your situation, and wish I could help more. If you can work for free until Oct, then maybe you could negotiate with your employer. The best of luck goes to you and all other H1B visa applicants for 2005.

**marmaduk** · 02-20-2004, 06:24 AM

Thats seemed the best solution. Try to work a deal with the employer to defer payment until your H1-B is approved on October.
You can stay in US until your H1-B is approved even though your OPT expires in summer (pending new guidelines from USCIS).

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