Legal Question in Immigration Law in New York

H-1B application

Hi,

I currently am on my OPT which ends in December. I have been hired by a company who is willing to sponsor my H-1B visa. According to USCIS site, they say that it takes around 3-6 months to process an H-1B application. Hence I wanted to know, if my OPT ends and my H-1B approval is still pending .... what would my status be? Would I be legal to continue to work? Is it true that once I receive the receipt of my H-1 application from USCIS, I am legal to work until my H-1B is approved?

Please guide me.

Thanks.


Asked on 9/08/05, 10:54 am

1 Answer from Attorneys
William Frenkel Frenkel Sukhman LLP

Re: H-1B application

If an H1B petition requesting a change of status is filed prior to the expiration of your F visa status (date of completing school or of finishing practical training, plus 60-day grace period), one can legally remain in the U.S. until USCIS rules on the petition.

However, one cannot work for the H1B-sponsoring employer during the time between the expiration of the practical training authorization and the validity date of the H1B approval. The filing receipt for the H1b filing is not an approval notice. Therefore, one may not continue to work after expiration of the current work authorization (such as optional practical training) or start a new job for the petitioning H1b employer; but may continue to remain in the U.S. legally while awaiting the H1B case decision.

If you do not want to wait for months for H1b approval, convince your employer to file the H1b petition through premium processing. For extra $1,000 you get results in two weeks' time.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 9/08/05, 2:26 pm


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