O.P.T expiring , applying for H1b

[ndp125]

What is the name of your state?MA

Hi,
I graduated 20th Dec 2003. My O.P.T started Feb 20th 2004 and is expiring on Feb 20th 2005. I will be applying for H1b (I don't know when, hopefully ASAP).

Should my H1b application packet reach (INS) before Feb 20th 2005 or should I be approved already before Feb 20th 2005? IF not what do I have to go out of U.S

My second question is my passport is expiring on May 17 2005. I know I need it renewed before getting H1b stamped which can be done anytime in 3 years. So will it create problems for me when I am getting H1b approved?

Thanks in advance

 

[tbanks]

From another website: The US Citizenship and Immigration Services (USCIS), which processes applications for the H1B program, is no longer accepting petitions for visas for initial employment for this fiscal year, which runs from October 1, 2004 to September 30, 2005.

I would suggest that you immediately talk to an immigration attorney. You might qualify for a different kind of visa than the H1B.

 

[srilankan]

I am in a similar situation. From what I learned:

1) The H1B cap for FY 2005 was reached a long time ago,

2) however 20k additional positions were released recently for people who graduated with a Master's degree or higher from a US institution. Check the web to find out when they will start accepting applications

if you find out any other way to get a work permit which is not an H1 let me know

thanks

 

[ndp125]

Clarification

State M.A

My employer is from Academic environment so I don't have the H1b quota issue.

So again my main concern is
whether I can apply for H1b after my O.P.T expires on Feb 20th 2005. If not Please let me know what is the least I should have before Feb 20th i.e get cofirmation of receipt of H1b docs from INS or something else

 

[ImmigAttyLana]

So if your employer is going to sponsor you for H-1B, they can do so using Premium Processing and you will get a decision within 15 calendar days. As long as the H-1B is filed before the OPT expires, you are permitted to remain in the US while the H-1B petition is pending.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.