H1B Application delayed

[srlakkar]

Hello,

My sister graduated from Eastern Michigan University in Management Information Systems on Dec 21st,2011 and her OPT started on Feb 1st,2012 and will expire on Jan 31st,2013. Our understanding was that MIS is not eligible for 17 month STEM Extension and she wanted to file for H1B visa this year. She has been trying to followup with her employer multiple times to speed up the process since the 1st week of April but her employer has failed to apply for H1B till date (LCA was approved only yesterday) and the cap count is filled. As a result, her status is in question from Feb 1st,2013.

I have found an article today that DHS has expanded the number of programs that are eligible for Stem Extension in May but wasn't sure if MIS can be counted looking at the list. Does anyone have a better knowledge on this? In any case, can she file her H1B nxt year by any means? What steps can we take against the current employer for such an irresponsible behaviour?

Please advise.

Regards,

Sriram

[JoeF]

There is nothing to be done against the employer. An employer is not required to file an H1. Your sister should have looked for another employer if her current one didn't want to file an H1.

Please get off your high horse.

[srlakkar]

Thanks for the reply. Unfortunately her employer wanted to file her H1B and has agreed to do it in January itself. She tried to followup every week and they were so relaxed and have always asked her to have faith in them. They had no clue about the pace at which the petitions are being filled this year and she had to keep them updated. Inspite of all of that, it resulted like this. And it is obviously hard to find another employer in April/May who would file a H1.

[wiweq]

"Thanks for the reply. Unfortunately her employer wanted to file her H1B and has agreed to do it in January itself. She tried to followup every week and they were so relaxed and have always asked her to have faith in them. They had no clue about the pace at which the petitions are being filled this year and she had to keep them updated. Inspite of all of that, it resulted like this. And it is obviously hard to find another employer in April/May who would file a H1.

"

=> As JoeF suggested, you can't do anything. Just think about another options.