PDA

View Full Version : Need Help with OPT & H1


kumarc123
05-02-2009, 12:15 AM
Hello all,


This is my situation, I applied for H1b this year after loosing seat twice in past two years because of the lottery system. This H1b was more of a favor to me for which I had to pay (Desi consulting)

I am finishing my Masters and I am applying for OPT. I know some of you will ask why I applied for H1b when I was gonna get OPT. The reason being, it took INS 9 months to do a change of status from H4 to F1 for me. Yes I had to wait 9 months for the transfer and I was scared the school might not issue me an OPT. But now the school said they will.

I am going to be applying for OPT next week, after H1b was filed on April1st.

Now I am doing an internship with a company , I am positive they will offer me a full time position. I don't want to loose my OPT because of H1B,After 2 years I got H1b, now I am in a situation, I know OPT Can help me more than H1b. My plan was to use OPT and not get H1b stamped, once I get the full time offer from an American company, I can then have them transfer the H1b to themselves. My wife has her I40 cleared and now her employer is not extending her contract, so our green card process will go down the drain. As she does not have any offers. I have only one shot and I want to avoid any mistakes on my part.

Can I use OPT and keep H1b on the side, how about not getting H1b stamped? Please help, I would already appreciate the help. The immigration system in this country has really affected my life.

ski_dude12
05-02-2009, 12:32 AM
You are not alone. It has effected everybody's life here.

roseball
05-02-2009, 02:18 AM
Hello all,


This is my situation, I applied for H1b this year after loosing seat twice in past two years because of the lottery system. This H1b was more of a favor to me for which I had to pay (Desi consulting)

I am finishing my Masters and I am applying for OPT. I know some of you will ask why I applied for H1b when I was gonna get OPT. The reason being, it took INS 9 months to do a change of status from H4 to F1 for me. Yes I had to wait 9 months for the transfer and I was scared the school might not issue me an OPT. But now the school said they will.

I am going to be applying for OPT next week, after H1b was filed on April1st.

Now I am doing an internship with a company , I am positive they will offer me a full time position. I don't want to loose my OPT because of H1B,After 2 years I got H1b, now I am in a situation, I know OPT Can help me more than H1b. My plan was to use OPT and not get H1b stamped, once I get the full time offer from an American company, I can then have them transfer the H1b to themselves. My wife has her I40 cleared and now her employer is not extending her contract, so our green card process will go down the drain. As she does not have any offers. I have only one shot and I want to avoid any mistakes on my part.

Can I use OPT and keep H1b on the side, how about not getting H1b stamped? Please help, I would already appreciate the help. The immigration system in this country has really affected my life.


If your H1 was filed as a Change on Status (COS) petition, your status will be automatically changed to H1 on Oct 1st (assuming a new I-94 is attached to your H1 approval). That would automatically put you on H1 status hence voiding your EAD/OPT. If you filed H1 under Visa to be issued abroad category, then your status wont change to H1 until you go for stamping and re-enter on H1. So check with your attorney on how they filed your H1. The validity of your OPT depends on that.