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Immigration Issues/Pending OPT vs new H1B peitition


Hello: I just completed my PhD and got an offer from a US company. I had applied for OPT in July and the current status is pending. In the meantime, I had mentioned a start date of Oct 01 to the company but until today, the OPT application is pending. And, I don't see a drastic change given the backlog and processing times. At this time, can I request the company for a H1B sponsorship for the Oct 01, 2008 deadline while the OPT approval is still pending? I'm asking this because H1B is the only other option  that will allow legal employment and start date asap. However, I'm not sure of the consequences.

Your input is appreciated. Thanks, NS

There is no H-1B visas available for this year (ie until Oct'2009).  Since you are a Ph.D and if your job involves research you may try to file for an O visa. If your company does not have an attorney who specializes in O visas you can contact my firm.

Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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