OPT period expiring soon / H1B visa quota over

Asked almost 2 years ago - Bloomington, IL

Hello. After long frustrating job search I have now received an offer . The employer is ready to file H1B for me. The H1B quota for 2013 and 2014 is over and has exceeded its limits. My OPT period ends in Sept 2013. My degree does not fall in STEM category.
Does any one know what are the possible options for me to continue working with this employer and stay in US. Also is it possible to appeal to DHS for inclusion of my degree in the STEM category?

Attorney answers (2)

  1. Giacomo Jacques Behar


    Contributor Level 20


    Lawyer agrees


    Best Answer
    chosen by asker

    Answered . Have your prospective employer explore the possibility of filing a J-1 visa on your behalf, and if that were not possible, to consider an H-3 Training visa.

    Appealing to DHS will be futile.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. J Charles Ferrari

    Contributor Level 20

    Answered . Options depend on facts. You really need to meet one on one with an experienced immigration attorney, whether myself or one of my colleagues, so that he/she can review all your documents and facts in order to determine what your options are.

    There is no appeal here.

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

Related Topics

US visas

There are many types of immigrant and non-immigrant visas, including work visas, student visas, and marriage visas.

H1B speciality occupation visa

If you have special skills and the right experience, you might be eligible for a H-1B visa if there is a shortage of qualified workers.

Avvo advisor logo@2x

Need an answer to your questions within 15 minutes?

  • 15-minute phone call
  • Ask any questions
  • $39 flat fee
  • Money-back guarantee
Talk to an attorney now

Can't find what you're looking for?

Ask span5@2x

Ask a question on our public forum.

Ask a lawyer
Advisor span6@2x

Have an attorney contact you privately.

Right now.

Icon lock@2x
Secure conversation. Your details remain between you and your attorney.
Icon clock@2x
Get an answer guaranteed. Be assured that a lawyer will contact you to help with your legal issue.
Start your session now