Is OPT approval needed to apply for H1B visa before April 2016?

[fyijj02]

Hello,

I graduated Dec 2015. I applied for my OPT on Dec 11, 2015. The 90 day period got over on March 11, 2016. I called USCIS and told them about it, they raised a service request and told me to get back to them if I didn't hear from USCIS for the next 15 days. I have some queries:

1) Can I apply H1B without OPT approval in hand? If yes, Should I do it myself? Or should I be having an employer do it for me?

2) Is it necessary to be employed to apply for H1B this April 2016?

3) My friends told me that if we work in Universities or community college as assistant professor we don't need to come in the lottery H1B. So if I apply the regular lottery H1B can I also apply the non lottery H1B if I get hired by some college in the meanwhile?

Please help me understand.

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[fyijj02]

Lawyer's response

Hello,

I graduated Dec 2015. I applied for my OPT on Dec 11, 2015. The 90 day period got over on March 11, 2016. I called USCIS and told them about it, they raised a service request and told me to get back to them if I didn't hear from USCIS for the next 15 days. I have some queries:

1) Can I apply H1B without OPT approval in hand? If yes, Should I do it myself? Or should I be having an employer do it for me?

2) Is it necessary to be employed to apply for H1B this April 2016?

3) My friends told me that if we work in Universities or community college as assistant professor we don't need to come in the lottery H1B. So if I apply the regular lottery H1B can I also apply the non lottery H1B if I get hired by some college in the meanwhile?

Please help me understand.

[B][COLOR="#FF8C00"]Lawyer's response [/COLOR][/B]
1) Your prospective employer can file the FORM I-129H without you having the OPT in hand.
You as a beneficiary cannot file the FORM I – 129H.
2) No, you do not need to be employed by the petitioning prospective employer at the time of submission of the FORM I – 129 H.
3) If you receive a job offer from a university, a cap exempt FORM I – 129H can be filed.

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Your message was posted anonymously on our Facebook wall at https://www.facebook.com/desiopt1/po...12863225397710 19th March - Please review comments from other users