H1-B Cap Reached and OPT Expiring – What are the options?

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 setup to choose 85,000 applications among the received petitions and these are then approved H1-B’s.

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 overseas 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.