OPT Expires in March 2013. Company wants to apply for H1 in April 2013. How can I stay in status from March to April 2013.

Asked over 1 year ago - Akron, OH

I 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.

Attorney answers (3)

  1. Brandon S. Gillin

    Pro

    Contributor Level 10

    Answered . This may answer your question:

    http://www.uscis.gov/portal/site/uscis/menuitem...

  2. Gen Kimura

    Contributor Level 18

    Answered . 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.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.... more
  3. J Charles Ferrari

    Contributor Level 20

    Answered . 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.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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