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What are my options if H1B is quota full?

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  • What are my options if H1B is quota full?

    Im MS grad, Opt expries in Jul 2013, so need to apply for H1 now. But I was working on contract jobs....which got over suddenly...so having itnerviews again....may get client/fulltime in next week. Just want to know how soon H1b quota can fill? what are options I have later? is it better to go on CPT with applying for F1 again and apply for H1 next yr? Also if MS quota filled and I applied thru open quota can I work from July to Oct; or have to go back to India and get stampped and come back?


    This was posted on https://www.facebook.com/desiopt1 on march 24th 2013

  • #2
    As per USCIS predication, H1B quota may be over by April 5th. Also, call attorneys listed on DesiOPT.com homepage for advice

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    • #3
      http://www.uscis.gov/portal/site/usc...004718190aRCRD

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      • #4
        If the H-1B quota is reached and you require another option, you could work with your employer's attorney to come up with a creative solution. For example, we have been successful in creating training programs for employers and then filing H-3 applications with USCIS which were approved. Usually, the employee just works in H-3 status long enough for the employer to sponsor the employee for the H-1 again because the H-3 visa carries non-immigrant.

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        • #5
          If someone has a Masters degree and a lottery is held, that person will first be eligible for the Master's cap and then also be eligible for the lottery of the regular cap cases. Essentially, you get two chances at the H-1B lottery if you have a US Master's.

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          • #6
            Also, for H-1 employees, be wary of an employer who requires you to find your own work/contract. When an employer sponsor files an H-1B petition on your behalf, they attest to the Department of Labor that they are going to fulfill certain conditions including paying you a prevailing wage. If you are being "benched", then the employer is likely not paying you the prevailing wage as required.

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            • #7
              Nice Explanation Orner & O'Brien LLC

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