Legal Question in Immigration Law in New York

You can't work after your OPT and your status had expired. The grace period you have is intended to be used to leave the USA and go back to your home country unless you were able to apply for a change of status while in a valid status.

For a change of status to H-1B to be approved, an applicant must be in a valid status when a petition is filed (on April 1, 2010); or H-1B visa petition can be filed requesting consular processing at the consulate abroad if a person is abroad.

You can't stay in USA out-of-status and work without a work permit until October 1, 2010 (this is when a new H-1B work could be authorized if a petition is filed on April 1, 2010).

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Yes, you have a 60 day grace period after the expiration of your F-1 status (OPT is part of F-1 status) before you are required to leave the U.S. or change to another nonimmigrant status. You are not allowed to work during this 60 day grace period. The H-1b visa cap for Fiscal Year 2010 was filled as of Dec. 21, 2009. If you want to apply for a cap-subject H-1b visa, you will have to wait until April 1, 2010, which is when Fiscal year 2011 cap-subject H-1b visas are released. You should be aware that these visas are eligible for a start date no earlier than October 1, 2010.

From your posting it sounds like you will have to leave the U.S. after your 60 day grace period unless you're able to change to another nonimmigrant status before the end of the 60 day grace period.

Lastly, you mention that your potential position is in an administrative capacity. A position which largely consists of administrative duties will not qualify as a specialty occupation as defined under by the H-1b visa regulations. For more information regarding the H-1b visas and the general process, I encourage you to visit the following link on my website: H-1b Visa.

For more information regarding Lightman Law Firm, please see the following: www.H1bVisaExpert.com.

I would additional information regarding your particular case before I could comment on it properly.

However, I must inform you that you should NOT be working in the US if you do not have a work permit or a green card.

The person who employed you should NOT have done so before getting a H1-B visa for you which would provide you with the work permit.

Regarding the H1-B visa, the next period to file for that begins in April 2010.

However, keep in mind the fact that immigration hands out a limited number of these visas each year.

Patricia Martin-Gibbons