Is there anything to do when it is too late to apply for an HIB this year?


I would really appreciate if some of you can provide me some suggestions. My OPT expires in Jan 31 2012. I just found out that H1B quoto for this year has been filled and it is too late to apply for a work visa. My current employer agrees to sponsor H1b- filing but unfortunately they haven’t realized that it’s too late to apply for one is year. -My question is:

  1. Could I write an appeal letter to USIS explaining my situaion? ( Probablly many students are in my situations.)

  2. Even if my employer agrees to sponsor me for next year H1B, how will I able to work and stay in the U.S when my OPT expires in Jan? ( I have been reading the comments that one can start filing from April 1 2013 and start working Oct 2013.)

  3. Is going to graduate school the best options for me now?

  4. Will I be able to apply for a pre OPT when I am enrolled in a graduate school and work full time?

  5. I would like to go talk to an attoney and have some advices. Any reseasonable and reliable attorney you would recommend?

  6. Thank you so much in advance!!

Many thanks,


First of all, I’m assuming that you meant to say your OPT expires on Jan 31st 2013.

You are right on the border line of 60 days grace period. Your situation can be tricky to maintain status when applying for H1B FY 2014.

  1. No. I don’t think so.

  2. If you have STEM eligible degree and your employer is e-Verified, you have an option of extending your OPT to additional 17 months. Otherwise, inorder to maintain status, you could enroll in a school but you cannot work on CPT until after 9months or so after your enrollment of your new program.

  3. May be.

  4. Like I said, you need to be in school for atleast 9 months before starting your CPT. For OPT, most of your degree requirements should be done before applying.

  5. I’m not familiar with any immigration attorney. May be some other member could chime in.

Good Luck!

  1. You can try , and waste sometime and paper.
    2/3/4- Even if you go back to Grad school, you won’t be eligbile for any OPT , if you have already exhausted your OPT once. ( I am assuming , you are a master’s/bachelors student seeking for a second master/bachelor’s degree) . If you only have bachelors and want to do a master , that would be possible, but as I presume most of the good schools have already closed their admission process for the Fall( sept/aug).

I know, a good attorney but you should look for one in your city, that helps.

Thanks! I am a bachelor student. Your’e right about the good schools closing the admission. I guess I don’t have much choice at this point.

Yes, I meant to say my OPT expires on Jan 31, 2013. I am not eligible for STEM. For the grace period, someone told me that once I submit H1B application in April 1, I am eligible to stay in the U.S. Do you think it is true? I have 58 days! Thanks a lot for answering my questions.