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  1. #1
    Join Date
    May 2013
    Posts
    4

    Exclamation Options for Staying in the U.S. After OPT Expires

    Hello,
    I came to the US to attain an undergraduate degree and graduated from in 2001. I was hired and worked the full 6 years under my ex-company's sponsorship. I had to leave as they could not sponsor green cards. I pursued an MBA and am now working under an OPT that will expire on August 31, 2013. The H1 visa has capped for both undergraduate and graduate candidates.

    Are there other options for me to continue my stay beyond the OPT?

    Is there anything in the new immigration reform that I can be eligible for? I have spent 5 years of college and 6 years of work, are there any provisions for being in the US that I can apply for? What other types of visas can I qualify and apply for?

    Thanks and kind regards.

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Options for Staying in the U.S. After OPT Expires

    Since you have already spent 6 years on H1B, you must be physically outside the US for one year before a company can apply for another H1B for you.

    A US degree was never a guarantee for a job. If a company wishes to sponsor you for a GC, it can be done while you are outside the US. Plan to leave at the end of your OPT.

  3. #3
    Join Date
    May 2013
    Posts
    4

    Default Re: Options for Staying in the U.S. After OPT Expires

    Hi,
    Do you mean that my company can still keep me as a full time employee after my OPT expires in August 2013, and petition/submit a green card application for me? Instead of the H1 visa (since it has been capped already)? They have not started this process, will it be too late as I will have to leave in 3 months/after I leave?

    Do you know - is it correct that the 85,000 H1 visa for both undergraduate and graduate degree holders been capped this year?

    Thank you.

    - - - Updated - - -

    By the way, I have been away from the US for 4 years after my first H1B from my old company. I left the US after I used up 6 years of my H1B with my old company - it was in 2007. I came back to the States to complete a Masters degree in 2012 and am on my OPT from my masters degree this year.

  4. #4
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Options for Staying in the U.S. After OPT Expires

    The road to a green card is very long and you must maintain a valid status during the wait. This generally means an H-1B. All are used at this time. Your company may file for you even if you are outside the US; however, they must attempt to hire a US citizen or current permanent resident and only will be able to continue if there are none able and willing to do your job.

    As I understand your situation, you must leave the US at the end of your OPT. The company can file for your H`1B in April 2014 to begin work in Oct 2014. Once they file, you will be eligible for another 6 year time period in H1B since you were outside the US for a year following your previous H1B.

    It is premature to speculation on the effect of immigration reform on your situation.

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