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H1B question

 
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Hi all,
I have a situation and I need some advice and answers.

I just graduated from school, received an OPT a few days ago and got a job in San jose. My opt valids at Sept 18 06 and ends at Sept 17 07.

Now I've received a news from a friend of mine who said that the quota for FY07 has been used up so no more space left.

I do understand that I could start applying as early as April 1st 07. But I'm worried because my OPT ends at sept and the gov will reopen the quota as early as oct 1st. Does that mean its already too late for me?

Thank you
 
Ranch Hand
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Does that mean its already too late for me?



Yes - if the H-1B quota has reached the cap and your OPT expires, you will have to return to your home country.

OPT has a grace period of four weeks or so and you have adjust your status by then.
 
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Originally posted by ivan kandi:
Hi all,
I have a situation and I need some advice and answers.

I just graduated from school, received an OPT a few days ago and got a job in San jose. My opt valids at Sept 18 06 and ends at Sept 17 07.

Now I've received a news from a friend of mine who said that the quota for FY07 has been used up so no more space left.

I do understand that I could start applying as early as April 1st 07. But I'm worried because my OPT ends at sept and the gov will reopen the quota as early as oct 1st. Does that mean its already too late for me?

Thank you




Contact a good immigration lawyer and get legal help. I am sure this is fairly common problem and most of lawyers would have came across these kind of things.

H1B quota is opened in Oct 2007 but you can apply for H1B for that year from April 1st 2007. That leaves you with lot of time before your OPT expires, and if you are worried you can go for premium processing. Your best bet is to get legal help and you would be fine.
 
ivan kandi
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ahhh yes thank you very much.

as you suggested I contacted them and they said I dont have to worry.
My OPT comes with a grace period of 2 months and It's more than enough to carry me through to Oct 1.

So it's a good news.

But I wonder if they granted me an H1, why do I have to wait until oct 1. What is actually oct 1 is? I won't get my H1B card or something like that that day right? or how does it work anyway.. does anybody know?

thanks for the words of encouragement by the way
 
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Originally posted by ivan kandi:
But I wonder if they granted me an H1, why do I have to wait until oct 1. What is actually oct 1 is? I won't get my H1B card or something like that that day right? or how does it work anyway.. does anybody know?



The US Government fiscal year starts on October 1st of each year. Therefore, FY08 starts in October 2007. The H1B quota restricts how many H1 petitions can be approved for each fiscal year.

Cheers!

Luke
 
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Ivan:
Can a person work in 2 month grace period?
---------
as you suggested I contacted them and they said I dont have to worry.
My OPT comes with a grace period of 2 months and It's more than enough to carry me through to Oct 1.
----------
 
ivan kandi
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Not that I know of Sanchit.
My lawyer told me not to work during the grace period.

I'm just confused, if let's say a few months after I applied the INS told me that i got an approval, why I have to wait until oct 1st?
 
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Wait a minute. You have a lawyer who gives you legal advice. You have a question about this advice. So there are a couple of possibilities:

1. Ask the lawyer for clarification.

2. Ask a group of total strangers who don't know anything about your situation.

If it were me I would choose option 1.
 
Luke Kolin
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Originally posted by ivan kandi:
I'm just confused, if let's say a few months after I applied the INS told me that i got an approval, why I have to wait until oct 1st?



The approval will cover the period October 1/07 to October 1/10. Until the start date on the petition has passed, the fact that the petition was approved doesn't necessarily mean you can start working right away.

Cheers!

Luke
 
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