Immigration Issues/OPT and H1b


Hi, Robert:

Currently I have valid F1 status, my I-20 expires on 12/31.  I haven't used any of my OPT time yet.  I've applied for my pre-completion OPT from 10/2/06 to 12/30/06.  From your answer, I guess this part is fine.  Now I also need to apply for the post-completion OPT from 1/2/07 to 9/30/07 so that I can then work with H1 from next year's quota.  Since my I-20 expires at the end of the year, to I have to renew it when I apply for post-completioin OPT?  Is there anything I need to pay attention to so that my OPT application is not rejected?  The argument the lady in the law firm is using is that when they process my OPT application, they can see my application for H1B and think that I want to live here, therefore defeating the purpose of F1 visa.  And BTW, what are the reasons that USCIS can reject the OPTs?

Thank you very much for your help, I appreciate your time and knowledge.



Followup To

Question -
Hi, Robert:

Thanks for your reply.  Now I feel much better.  I just have one follow up question here, if my H1B is filed and returned, will there be a record at all in the system under my name?  The reason I ask is, frankly, the lady told me this actually works in the law firm which filed my H1B for the company.

Your time and help is really appreciated.


Answer -
The rejection letter will have a case number, which could be traced in the system I suppose but it still has nothing to do with your F-1/OPT status. If your H-1 gets rejected you revert back to your previous status if valid. Since your F-1 is good for D/S (duration of status), as long as you stay in school with a valid I-20 or you have valid OPT you are fine and can apply for H-1 in 4/07. You would then only have to leave if your OPT ended prior to 8/1/07 which is 60 days before H-1 could begin. You would then go home and come back in 9/07 to set up for work for 10/07.



The lady in the law firm is clueless. H-1 is not an immigrant visa - it is a nonimmigrant visa so they will not hold it against you. The foreign student advisor at your school should recommend OPT and endorse the I-20. It is very common for F-1s to get OPT and then file for H-1 - it just should not be p[resented that you are seeking OPT just to hold you over until you can file H-1.



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Robert Hollander<B> Esq.</B>



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