Hi

Currently i am in my OPT period and it would end on may 15 2009. The two months grace period for th OPT has already passed cause i graduated in march 15,2008, so march 15- may 15 was my OPT period which i had already used. Recently i got some calls from "desi companies" who are ready to file my "H1-B" on next april.

However i am wondering what would be my status after may 15,2009. Also, how many more days i would get to stay in the united states if my "H1-B" visa get rejected?

Please provide any information you know to this poor guy.

Thankx in advance.

 

Get an I-20 for classes starting in sept.

I thought you could get 29  months OPT if you are in technical field like eng, computer etc, isn't it?

Thank you for your input. My master degree (MBA) is not eligibl to get 29 months of OPT period as it doesn't fall into STEM Category.

 

U_DAY,

Do u mean that i have to get I-20 on sept ,2009.

I talked with one of the respresentative of this desi consultancy. he said that once i filed H1, i can stay legally till October 1. After that if my h1 gets rejected i would have two more months (60 days) to stay here. But i don't belive on any word of any consultancies so i m here in sajha. ? does anyone know about this ?

 

 

 

Koi pani chaina yaar malai help garne????

here is what I think

Apply H1 through Premium processing.

If u get H1-B approval, and the same rules apply next year too, u can get ur OPT extension.

Though I didn't get my H1-B this year and my OPT expires August 2008, I was told from my University to come over with H1-B approval notice and they will extend the I-20.

To stay on safe side,  you may think to maintain F1 status if u don't get H1-B confirmation on time.

You should maintain your status until September 30, 2009. better to go to school for the period of May 16 2009 to September 30, 2009.

Another option can be - once the company applies for H-1B in April, tell them to process for CONSULAR PROCESSING. Try spending another $1000 for premium process which will ensure your H-1B decision within 15 days. That way you can leave the US before May 15, 2009 with possibly an approval. Stay at home until September 20, 2009 and come back with a new H stamp.

Be careful with the "suspicious" H sponsors which may later bench you. There are hundreds of benching cases with Department of Labor.

For your convenience, you can see a list of all H sponsors of 2007 here:

http://grassley.senate.gov/public/releases/2008/031020082.pdf

From what I know, once you file H1-B in April and and receive receipt from USCIS, you will be fine. The USCIS receipt date has to be prior to your OPT expiration date. After that you will still be status even if you OPT will expire. However, you cannot travel outside US or start working till you get decision regarding your H1-B. If you get H1-B approved, party on man. If not, they will give you 30 days to leave the US.

It's always better to talk with a lawyer though. Good luck. 

So it seems that i need to have information on my H1 before may 15,2009, because its the date on which my OPT expires. Do you know how long it will take to get the approval/disapproval notice for h1.

 

Ekol, santosh giri and nilo aakhas thank you  very much for your input.