QUESTION
Currently I am on my 17-month OPT extension. It ends march 10th next year, My employer did not submit H1B on time. What are my options?
Asked on Apr 07th, 2014 on Immigration - Texas
More details to this question:
My employer decided they would be willing to sponsor my H1B too late. Now USCIS has made the official announcement that the cap has been reached. I hold a bachelor's degree in chemistry and biology.
2 ANSWERS
The total time for a STEM degree holder whose employer is enrolled in E-Verify is 27 months. Will you have used all 27 imonths by March 2015? If so, although your employer can file on April 1, 2015 for the H-1B you'll run out of time on your OPT prior to that. I believe from what you've stated that you'll need to depart the US and wait outside until Oct. 1, 2015 in order to re-enter on an H-1B. Of course, you could always go back to college and earn a higher degree. Otherwise, I'm not sure you have any other options based on what you've stated. Why don't you give me a call at 713-980-9939 or email me at psb!barnett-lawgroup.com with your details.
Best,
Pamelia Barnett
Answered on Apr 07th, 2014 at 4:09 PM
Immigration Law Attorney serving San Diego, CA
3 Awards
Everything depends on what country you are a national of. If you have Mexican or Canadian citizenship you are eligible for a TN visa. If you are from anywhere else, you would have to call and discuss your possible alternatives as you have not provided enough information to be able to suggest anything to you. The problem is that the cap on H-1B's has ben reached. If you wish to discuss this, you can contact us at (619) 291-1112.
Jan Joseph Bejar, Esq.
Answered on Apr 07th, 2014 at 3:34 PM