USCIS (United States Citizenship and Immigration Services) accepts H1-B Visa Petitions starting April 1st of every year. 65,000 visas are approved every year in the general category and 20,000 for advanced degree exemption category. There is no end date or deadline to file H1-B petitions. USCIS accepts applications until the limit 85,000 is reached.
This year (2012), USCIS reached the statutory cap on June 11th and any applications received after this date were all rejected. During any year, if the USCIS receives 85,000 H1-B petitions within the first two business days from April 1st, the USCIS keep on accepting the H1-B applications until five business days. A lottery system is set up to choose 85,000 applications among the received petitions and these are then approved H1-B’s.
If you missed filing for H1-B this year because of the fast filled H1-B quota, there are a few options H1BWiki would suggest.
Option 1 : Apply for OPT Extension
If you are in STEM Category (Science Technology Engineering and Mathematics), and haven’t yet used the 17-month OPT Extension period, apply to USCIS before your OPT expires to get the extension approved. Make sure your company is e-verified, before applying the petition. USCIS will only approve OPT Extension if the company you work for is e-verified.
Option 2: Work for a Non-Profit Organization
Another way to file H1-B during the same year is to apply through a non-profit organization. Schools, colleges, universities and other charitable organizations come under this criterion. H1-B petitions can be applied to USCIS any time during the year if applying through a non-profit organization and there is no limit on the number of applications and there is no start date.
Tips:
- IT Professionals, can apply jobs in the IT Departments of the non-profit organizations
- Medical Professionals, can apply for jobs in the medical centers/hospitals of the universities
Option 3: Return or change to F-1 Student Status
Try to find a community college which has a short term degree program, like 1 year M.B.A. program. Make sure the degree program you opt, can be finished soon and does not cost more. If your OPT expires, there will be 60 days grace period to stay in the U.S. You could apply for a job during this time or you can start applying well before the OPT expires. Another option is to verify if you can work on CPT (Curricular Practical Training) during your course of study.
Option 4: Work over-seas until you file H1-B
Some companies offer to work over-seas like at Canada, Mexico or India. These companies would apply for H1-B during the next coming year’s quota and you can then come back to U.S. once your H1-B is approved and your visa stamped.
Any other options you wish to discuss? Please comment.
how much to be paid (fee) for visa stamping from Pakistan to canada. visa is H-1B TYPE. and also let me inform that employer can pay this amount. thanks
Hello,
I graduated in May 2010 from Cal State, followed by which I got my 12 month OPT, started working and then got my 17 month STEM, which was valid till 11/11/12. By the time my H1 B reached USCIS, the CAP had met (June 11th). So to continue working and maintain legal status I enrolled back in school for Fall 2013 (August). Since the H1 went into lottery this year, I am wandering worse case scenario after my graduation (Spring 2014) of my second master’s which i am doing right now can I apply for OPT and utilize the remaining OPT about 2 months. As I was on OPT for about 27 months and since i enrolled back in School the OPT clock stops I believe.
Please advise if I can avail the remaining part of my OPT after my second master’s. I know that I cannot get a NEW OPT since my current education is not in a higher level than my previous level, as both of them are Master’s
You guidance is much appreciated
Cheers
Nikhil
http://h1bwiki.com/h1-b-cap-reached-and-opt-expiring-what-are-the-options/
Hi Praveen! I am in a very similar situation. I am also in my 17 months OPT extension period which expires on 25th June. So I had the same concern and hence I discussed it with my employer. They said I can work legally from 26th June to 1st October if my H1 gets approved. Their visa rank is between 100 and 200. So I guess you can also work legally from 23rd July to 1st October. Hope this helps. – Vaidehi Pandya
I do believe all of the concepts you have introduced for your post. They’re really convincing and will definitely work. Nonetheless, the posts are very quick for newbies. May you please lengthen them a bit from subsequent time? Thanks for the post.