QUESTION
Can I file for H1 and Opt extension at the same time?
Asked on Feb 28th, 2014 on Immigration - Virginia
More details to this question:
I was wondering if you would help me on this. My first 12 months of OPT expires in June, 2014 and I am currently working on OPT for an E- verified employer. My current employer is E-verified so I am eligible to file for an OPT extension of 17months. I have another employer who is ready to file my H1B in April, 2014 to start working with them in October, 2014. So my question is whether I can file for OPT extension with my current employer and also file for H1B with 2nd employer at the same time as I am concerned that there might be a risk with H1 lottery and not getting approved? Also, if my current employer( where I am working on OPT) , decides to file my H1 around Oct 1st and if I have an approved H1 from other employer where I have not started yet, can I transfer that H1 to my current employer at that time?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
You should be able to file for your H-1B and OPT extension at the same time. As you note, there is concern as to whether you might be approved or not for the H-1B. Where you have an H-1B approved which is not revoked by the petitioner, you have a cap number which can be used to transfer when your current employer decides to file a new H-1B for you in October. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Mar 17th, 2014 at 5:20 PM