Immigration Issues/F1 to H1

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Question
Hi,

First of all, thanks a lot for this amazing service!

I am about to complete my Ph.D.  I have found an employer who wants to file H1 on my behalf.  But I have heard that only 4000 visas are left behind.

My initial plan was to file for (and work on) OPT from Oct 9'th to Oct 8'th 2007.  My employer will file for H1 on April 1'st 2007, which will be approved starting from Oct 1, 2007 and hence I will have no problems.

Question:  If my employer files for H1 and if it gets rejected because of lack of cap numbers, will my OPT be terminated?

If yes, would u advice me to stick to my original plan: work on OPT till H1 for 2007 gets approved?  

If no, would u still advice me to stick to my original plan, because of lower taxes?

Thank you for your time.

Sincerely,

Arvind

Answer
The quota for masters degree or higher has not been reached yet. You can file and if it is reached before your filing it will not affect your OPT. Taxes are a fact of life. I would file for H-1 advanced degree quota and if it gets rejected becasue fo quota, file again in April and use OPT for now.

Regards,

Robert

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