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Asked 6 months ago - Akron, OH
FlagI am eligible for a STEM OPT extension, however the large multi-national company I work for is not E-verified, so cannot extend my OPT. Cannot apply for H1 before April, as the quota is already full. PhD from reputed University in the Sciences.
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If you have a valid OPT status until March. You will have 60 days grace period, and if your employer file a H1B petition within the grace period, your OPT grace period will be extended while the H1B is pending. If USCIS approve the H1B, you can continue to stay until 9/30/2013. The problem is that your OPT employment authorization will not be extended in your case.
If the H-1B is filed within the 60 day grace period, you can continue to stay in the US until USCIS makes it decision. The problem here is that you will not be allowed to work.
Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.
