Legal Question in Immigration Law in New York

Hello,

I am on F-1 visa and currently working on OPT status with STEM OPT Extension application under review.

Do I need to apply for work visa before my current OPT expires and STEM OPT Extension decision has not been made?

Thank you,

Kanwar


Asked on 12/02/13, 5:01 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

There are no "work" (H-1B) visas available at this time. A U.S. employer can only file a new I-129 petition for a prospective H-1B visa employee on April 1st of each year.

If your employer is interested in doing so on your behalf, I recommend that they get started around January 2014, so that your case will be ready to be filed on March 31, 2014.

Filing for an H-1B visa (for a start date of October 1, 2014) is completely independent of your STEM processing, & will not keep you in legal status in the interim. However, having an approved STEM OPT will keep you in-status while an H-1B petition is pending.

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Answered on 12/03/13, 8:40 am


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