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Student hit by H1B cap -2007

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  • Student hit by H1B cap -2007

    Hi,

    I am one of the many who got hit by the H1B visas that reached its limit within two days (April 3 2007). I am graduating with a Master's degree in engineering and I almost had a job, but due to this premature H1B closure, the company refused to hire me.

    I am on OPT status now and it will expire Feb 1, 2008. I am going to enroll in a Ph.D program this fall - thereby renewing my F1 (student) visa.

    My question is -

    Suppose if I (through a potential employer) apply for an H1B visa in April 2008 and I get approved by USCIS to work from October 2008, will I be still "in-status" between April 2008 and Oct 2008.
    When will my F1 status expire??
    Will it expire ---
    1. As soon as I apply for H1B status
    2. or will it expire only in Oct 2008 when the H1B status actually kicks in?

    Will I be legally allowed to stay in US on F1 status, even after getting an H1B approval?

    I appreciate any help that any body can provide. Any personal experience can me emailed to me back channel (if you prefer) to my ID npriyarao at hotmail dot com

    Thank you.

  • #2
    Sent you a detailed mail.
    Note that this is not a legal advice. Consult your immigration attorney for the best upto-date information.

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    • #3
      Hi, I have the same situation as yours. Please could someone help me. Are there any options?I'm currently working with an employer who is willing to sponsor me but got hit by the quota.My OPT expires on January. Are there any other options?

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      • #4
        you will be in status till Oct 1st 2008 provided you are enrolled in school full time.

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        • #5
          I was also on OPT and the consulting company I was working for didnt really do my H1 and fooled around. And this was in Dec 2006(this is when I came to know i didnt have a H1) and my opt expired on May14th 2007. So here are the options you should look into.
          First option:
          Did you know that if you find work in a NGO or non-profit organization like World Vision, Blue Cross or Universities (higher-education institute) you can do your H1 right away.These organizations are exempt and do not come under the 65000+20000 CAP.
          A university can say " I want to employ XYZ and let the start date for H1 be right away.
          They dont have to wait for Oct1st 2008.
          www.higheredjobs.com is a good site which shows only jobs in universities.
          I recommend that.

          Second option:
          Kaplan offers courses...these are small courses like GMAT and some english courses. I enquired earlier and this english course costed 900$ and they issue an i-20 which is good for 1 year.

          Make sure you search for a job which matches your qualification and the job you need in a university or NGO ...if you go ahead with first option.
          Note that this is not a legal advice. Consult your immigration attorney for the best upto-date information.

          Comment


          • #6
            Student Hit by H1B cap

            Hi,

            I have recently graduated from UoA, and employed with a company in OR. By the time I had joined this company the H1B cap closed. My F1 status expires on Feb 28 th and OPT on Feb 15 th 2008. Is there anyway I can come out of this mess and continue my employment. Any suggestions on universities that issue a CPT in the first semester?. Please help!!!


            PSR

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