OPT to H1B (filing independently, for Apr 2014)


Sandeep KP

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Hi Folks,

 

I graduated with a masters degree in the US few months back and have been working with a small engineering firm (in the US) on my post-completion OPT (optional practical training) period.

My current OPT status expires in July 2014. I am planning to apply for my H1B in April 2014 and my OPT extension in May 2014 (90 days before my OPT expires).

 

The OPT extension will give me the authorization to work for 17 more months (i.e. till 2015), in case I do not get my H1B in 2014, this will give me the time to apply again in April 2015. I have the following queries:

 

  1. Can I apply for my H1B in April 2014 and then apply for my OPT extension in May 2014. I believe the OPT extension is to keep continuity of my current status and hence should not affect my H1B application. but want to confirm.
  2. My company is a small firm and I am the only one who is not a citizen or on GC. So they do not have a system and are not aware of the H1B process. They have asked me to file on my own. They will provide me help with any documentation that is required from the "Employer".          
  • How should I proceed with my H1B application to file in April 2014. Is there a link/document which clarifies the process?
  • I looked on USCIS and other websites which talk about labor certification prior to H1B. Could someone clarify the process and the requirement.
  • Will I need to hire an immigration attorney to ensure my application is in order? Since my firm has no experience in the H1B process, I am currently solely dependent on online information.

     3. My Passport expires in July 2014. Can I initiate my passport renewal from a BLS application center (the company handling all indian passport services) anytime after my H1B application is filed in April 2014? Will it affect my application/Do I need to submit any additional documentation later after my Passport is renewed?

 

I appreciate any help and guidance.

 

Thanks

 

Sandeep

 

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Hi Folks,

 

I graduated with a masters degree in the US few months back and have been working with a small engineering firm (in the US) on my post-completion OPT (optional practical training) period.

My current OPT status expires in July 2014. I am planning to apply for my H1B in April 2014 and my OPT extension in May 2014 (90 days before my OPT expires).

 

The OPT extension will give me the authorization to work for 17 more months (i.e. till 2015), in case I do not get my H1B in 2014, this will give me the time to apply again in April 2015. I have the following queries:

 

  1. Can I apply for my H1B in April 2014 and then apply for my OPT extension in May 2014. I believe the OPT extension is to keep continuity of my current status and hence should not affect my H1B application. but want to confirm.
  2. My company is a small firm and I am the only one who is not a citizen or on GC. So they do not have a system and are not aware of the H1B process. They have asked me to file on my own. They will provide me help with any documentation that is required from the "Employer".          
  • How should I proceed with my H1B application to file in April 2014. Is there a link/document which clarifies the process?
  • I looked on USCIS and other websites which talk about labor certification prior to H1B. Could someone clarify the process and the requirement.
  • Will I need to hire an immigration attorney to ensure my application is in order? Since my firm has no experience in the H1B process, I am currently solely dependent on online information.

     3. My Passport expires in July 2014. Can I initiate my passport renewal from a BLS application center (the company handling all indian passport services) anytime after my H1B application is filed in April 2014? Will it affect my application/Do I need to submit any additional documentation later after my Passport is renewed?

 

I appreciate any help and guidance.

 

Thanks

 

Sandeep

1. Yes.

2. You cannot file on your own. Your employer needs to find a good immigration attorney.

3. Why don't you apply for passport renewal now?

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