OPT to H1B 2015, staying in usa etc

Question

HI,

 

I completed my masters (STEM) in May 2013. I'm on OPT on F1 Visa.  My OPT expires on 1st of July 2014. My F1 Visa expries in 2015. My company is ready to apply for H1B for me.

My concers:

1. My company is not E-verified and they are not willing to get E-verifed. If company is not E-verified, I can't extend my OPT period.

2. What happens if my H1B is approved? If my H1B is approved but my opt is expired ?

3. What happens if my H1B is not aprroved? (Also, what are the chances of being not aprroved for H1B 2015 quota?)

 

Thanks

Answer 1

Yes - your employer must be enrolled in e-verify in order to qualify for the 17-mo STEM extension.  If your OPT is expired, you can take advantage of "cap-gap" regulations:

 

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d175ffaae4b7210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

to stay in valid F-1 status even if your OPT has expired, and this covers you so long as the H-1B petition filed by your employer is pending or approved.  If it is denied, however, you will fall out of status as of the date of the petition denial.  So it is important to work with competent immigration counsel so that the chance of approval of the H-1B petition is maximized.

Feel free to contact us if you need further assistance.

 

Hassan Ahmad, Esq.

The HMA Law Firm, PLLC

Comments

2015 H1b again possibilities of lottery?