Legal Question in Immigration Law in Florida

work permit

Since the government has run out of H-1B visas, my company is planning to apply for my H-1B in April, 2004 for the new fiscal year, which begins in October, 2004. Right now, i am on OPT(Optional practical training- one year work permit after graduating from a US college, university), which is going to expire in June, 2004. Am i allowed to work between June- the time when my opt will expire- and October- the time when my H-1B visa hopefully will be issued-? Thank you very much in advance...


Asked on 3/01/04, 3:19 pm

3 Answers from Attorneys
Neena Bohra Law Offices of Neena Bohra

Re: work permit

You are not allowed to work under your current status after it expires in June. You must either change your status and apply for an H visa effective Oct 1 or you may leave the US before your status expires and re-enter the US in Oct.

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Answered on 3/02/04, 2:39 pm
Myron Morales Lee Lane Smith LLP

Re: work permit

No, you cannot work during this time, as such would be deemed accepting employment without authorization. You may want to consider whether you are eligible for another status besides H-1B or look into other options.

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Answered on 3/01/04, 3:23 pm
Giuseppe (Joe) Scagliarini Law Offices of Giuseppe Scagliarini

Re: work permit

Not only you are not allowed to work but you risk being considered having overstayed your OPT if you wait for your H1B in the States from June to October. The safest route would probably be to change status to B-1 then to H1B once a visa becomes available.

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Answered on 3/01/04, 5:15 pm


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