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My OPT expires soon (July 7th) before the end of my employment contract. My passport expires in January 2012. What can I do?

Pittsburgh, PA |

I did my PhD at a university in PA under the F-1 visa. Immediately after, I became employed as a postdoctoral scholar researcher at the same university under the same visa by obtaining my OPT. I just discovered that my OPT expires in July, but my postdoc contract doesn't end until August 31st. I will start a new position at a university in CA, but not until November. Apparently, the current institution in PA is not part of the E-verify program, so I cannot apply for an OPT extension. In addition, I just renewed my visa (which is now valid until December 2015, but my passport expires in January 2012. What are my options?

Attorney Answers 2


  1. Have your employer file for an H-1B. It would need to be premium processed.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, 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.


  2. As long as your employer submits an H-1B change of status before your OPT expires, your OPT is automatically extended. On October 1, if your application is approved, the OPT changes automatically to H-1B.

    Please see

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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