H1B/OPT Question. Please Help guys :(

I did recieve an offer of employment last month (30th of May). My lawyers emailed me around June 5th to email them all of the required documents to file H1B, and on June 11 USCIS annouced that they are no longer accepting applications for this year. I’m currently on my OPT which expires in January 2013. My lawyer was saying that now he will have to file my case next year. I’m extremely confused about what is going to happen? Do you guys think my firm will withdraw the offer? And what about my status in the US? If my firm would be willing to do something for me, I’m in status until January 20th 2013 + grace period of two months. But, for rest of the 10 days March 20th to April 1st would I be considered illegal? Please help guys, I’m so stressed out :frowning:


As far as the next year filing goes you will definitely be out of status by the filing date.Hence you won’t be eligible to work between Jan 21-Oct 1 or legally reside on your OPT status.

How the compant reacts would be difficult for any one to predict but I believe it would be difficult for them to hire you with the prospect of having you work for them only for a period of six months. If they have an Indian operation try talking to them about the option of working from India from Jan-Oct. Else your other options to stay in US would be to either look for a cap exempt employer like a Govt research org/University/Non Profit or to go for a second Masters.

Try talking to an Immigration Attorney to get an idea about all possible options.

In addition to what Vicky said, you can also go for OPT extension if you are eligible for one.