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Applying for both OPT Extension and H1B at same time.

San Jose, CA |

Hello,

My current OPT is expiring on May, currently working as a full time employee and my Employer is sponsoring my H1B this year.

My question is,

1. Is it advisable to apply for OPT-Extension, to be on a safer side.

2. Will it affect any of my request (H1B or OPT-Extension)

3. I heard somewhere, that if you process your H1B and OPT extension both at same time, chances of rejecting your H1B are high, I quite disagree with that.

Please advice on these issues. It'll be a great help.

Attorney Answers 2


  1. Best answer

    If you are eligible to apply for OPT, I recommend it. Filing for H-1B alongside seeking change of status from Oct 1 will not necessarily result in a denial.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


  2. They do not affect each other.

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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