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  1. #1
    Join Date
    May 2013
    Posts
    1

    Default Employment Visa Options After OPT Expires

    Hi
    I have a master degree and an OPT visa, I have been working for 6 months and my OPT will end of August 2013. My employer is willing to sponsor me but H1B visas already reached their cap. What are my other visa options can keep working there?
    I know that a non profit might be qualifies for non cap visa, what are the qualification?

    thank you

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Opt / H1b

    a.The petitioner is an institution of higher education as defined in section 101(a) of the Higher Education Act, of 1965,
    20 U.S.C. 1001(a)

    b. The petitioner is a nonprofit entity related to or affiliated with an institution of higher education as defined in section 101(a)
    of the Higher Education Act of 1965, 20 U.S.C. 1001(a).

    c. The petitioner is a nonprofit research organization or a governmental research organization as defined in 8 CFR 214.2(h)(19)
    (iii)(C).

    d. The petitioner will employ the beneficiary to perform job duties at a qualifying institution (see
    a - c above) that directly and predominately furthers the normal, primary, or essential purpose, mission, objectives, or function of the qualifying
    institution, namely higher education or nonprofit or government research.

    e. The petitioner is requesting an amendment to or extension of stay for the beneficiary's current H-1B classification.

    f. The beneficiary of this petition is a J-1 nonimmigrant physician who has received a waiver based on section 214(1)(1)(B) or
    (C) of the Act (commonly called a Conrad Medical Waiver).

    g. The beneficiary of this petition:

    (1) was previously granted status as an H-1B nonimmigrant in the past 6 years,

    (2) is applying from abroad to reclaim the remaining portion of the six years, or

    (3) is seeking a 7 th year extension based upon AC21 and the beneficiary's previous H-1B petitioner/employer
    was not a CAP exempt organization as defined above in a.,b., and c.

    h. The petitioner is an employer subject to the Guam-CNMI cap exemption pursuant to Public Law 110-229.

    i. The petitioner is requesting a change of employer and the beneficiary previously worked as an H-1B for an employer
    subject to Guam-CNMI cap exemption pursuant to Public Law 110-229

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Employment Visa Options After OPT Expires

    A cap-exempt H1B is essentially the same as any other H1B, save for the fact that the cap does not apply.

    As for other visas that might apply, you have told us nothing about your skills or prospective employer. See if you can talk to your prospective employer's immigration lawyer.

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