Legal Question in Immigration Law in California

Stay on OPT or apply for H1B

I am working at an unsecure position in a company now using my OPT.

1) If I apply H1B but the company shuts down before my H1B is approved, will I still be able to keep using my OPT?

2) Am I risking losing my OPT status if I got laid off after my H1B is approved?

3) Since H1B cap is limited, when would be the latest time to apply for H1B? (My OPT will expire next Feb.)

Thanks a lot for any suggestions.

--name removed--


Asked on 5/08/04, 2:56 am

1 Answer from Attorneys
Myron Morales Lee Lane Smith LLP

Re: Stay on OPT or apply for H1B

Once your H-1B is approved, you will no longer be able to use the OPT. If the position is secure, apply for H-1B now and start looking for another company to sponsor you under the portability provisions. You can apply for H-1B now, with a start date of October 1, 2004.

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Answered on 5/08/04, 7:35 am


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