Immigration Issues/OPT/H1B

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Question
Greetings,

I got a job that want me to start on June 1st;  I already applied for OPT and waiting for my EAD card to arrive (its been 6 weeks now / got the receipt). I am worried that by the time I get my EAD card:

(1) It might not be before June (company might not like this)
(2) H1b cap might be reached (and I would have to wait for the next year)

The company is not E-verified so if I miss the cap they cannot renew my OPT for another year, and that's the reason I am concerned.

Answer
Hi,

I recommend that the employer file an H1B petition for you on a timely basis, so that your H1B status will take effect on Oct. 01, 2011. Based on current economic climate, it is extremely unlikely that the visa cap will be reached anytime soon; last year it was reached on Dec. 21, 2010. As long as the employer files its H1B petition before the cap is reached, the H1B petition will be within the cap; there is no requirement that it must be approved prior to the cap being reached.

Hopefully you will receive the EAD card soon. There is no way to expedite issuance of an EAD card.  

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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