H1B Cap reached and OPT is expiring


fishaq

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Hi All,

I graduated in 2010 and used my regular OPT of first year and then the 17 month extension which is ending in Oct 2012. My company sent my documents and they were not received yet and the H1B quota is already over. I had following questions if somebody could answer them then it would be great. My visa has also been expired and currently staying using my I-20 and OPT card.

1. I am planning to join masters. Will I've to get out of country even if I get a new I-20 for Spring 2013 Masters program?

2. If I've used my OPT(12+17 months), will I be eligible for any CPT(during my masters) or OPT(after my masters).

3. Any suggestions to stay in US and obtain a H1B?

Thank you.

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1. I am planning to join masters. Will I've to get out of country even if I get a new I-20 for Spring 2013 Masters program?

=> There is a rule that you can stay for 60 days in USA in between SEVIS transfer. Call to your new school to know more about this.

2. If I've used my OPT(12+17 months), will I be eligible for any CPT(during my masters) or OPT(after my masters).

=> May be CPT (depending on school's regulations), but no OPT for same level of education. You can get OPT for Bachelors or PhD.

3. Any suggestions to stay in US and obtain a H1B?

=> Just stay away from diploma mills. You may stay in USA for a couple of years but it will ruin your whole life possible stay in USA.

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1. I am planning to join masters. Will I've to get out of country even if I get a new I-20 for Spring 2013 Masters program?

=> There is a rule that you can stay for 60 days in USA in between SEVIS transfer. Call to your new school to know more about this.

2. If I've used my OPT(12+17 months), will I be eligible for any CPT(during my masters) or OPT(after my masters).

=> May be CPT (depending on school's regulations), but no OPT for same level of education. You can get OPT for Bachelors or PhD.

3. Any suggestions to stay in US and obtain a H1B?

=> Just stay away from diploma mills. You may stay in USA for a couple of years but it will ruin your whole life possible stay in USA.

Thank you for getting back to me. I had my OPT for undergraduate studies but now I am planning to do masters so will I get OPT again or you get OPT only once.

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"Thank you for getting back to me. I had my OPT for undergraduate studies but now I am planning to do masters so will I get OPT again or you get OPT only once."

=> Yes, you should be eligible to get another OPT, confirm it with your DSO.

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