Legal Question in Immigration Law in Ohio

OPT Expired, 60 day probation, H1-B, How to do it ???

I graduated with my Masters of Science degree in Engineering in Dec 2003. My OPT has been expired on 20 Feb, 2005. Right now I am probationary period of 60 days which will expire on 20 April 2005.

I wanted to apply for H1B under new law acccording to which 20,000 visa will be available for US MS/Phd graduates. One company is very eager to hire me. As of today UCIS announced that they are not taking new H1b applications under new law. What are the alternatives I have?? What is the best time to apply for 20,000 and 65,000 H1-B visas. Is there any way to extend the OPT because my OPT started from 1 april 2004, and because of slow processing I did not get 12 month time (although I applied for it). Being on F-1 status, can I go and take classes in ESL (intensive english program).

I really appreciate if anyone can help me out.


Asked on 3/04/05, 9:22 pm

1 Answer from Attorneys
Harold Hom Harold L. Hom Co., LPA

Re: OPT Expired, 60 day probation, H1-B, How to do it ???

I expect USCIS will start accepting applications for the 20,000 H-1B quota for Master's degree or higher holders from U.S. universities sometime in the next 2 to 4 weeks. So do not be too worried. You cannot apply for an H-1B visa under the 2006 65,000 H-1B quota until April 1, 2005 and then you must ask for a start date of October 1, 2005. If you can get your I-20 extended by a few months without paying more money to the school, it may be a good idea. If you need to pay, then I suggest that you just wait 2 to 4 weeks. You cannot extend the OPT. However, I recommend that as soon as the new 20,000 H-1B quota is available, you file the H-1B visa petition immediately and pay the extra $1,000 for expedited processing. The pay that you will earn by saving 60 to 75 days from the regular H-1B process will justify the extra $1,000 that you pay for premium processing. If you need an immigration attorney for this matter, please feel free to contact me.

Harold L. Hom

Gemini Towers I

1991 Crocker Road, Suite 600

Westlake, Ohio 44145

Tel: (440) 892-3374

Fax: (440) 892-3375

E-mail: [email protected]

Website: www.homlaw.net

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Answered on 3/05/05, 1:03 pm


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