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OPT period expiring soon / H1B visa quota over

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. Best answer

    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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. 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 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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