Posted by: Chanakya May 19, 2007
H1B receipt delayed
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My H1B was filed on May 1, 2007 claiming "Not Subject to H1B quota" on the front page of the papplication. The start date has been mentioned as Jun 10, 2007 as my OPT expires on Jun 9, 2007. I work for a county. It does not qualify for exemption from quota as it is not affiliated to institution of higher education nor is a government 'research' organization. So in the I-129 Data Collection NUmerical Exemption and Determination Section, boxes 1 to 6 have checked "NO" which makes sure that county does not qualify for quota exemption. Box no 7 which asks if the applicant has masters or higher degree from US instituion, it has been checked "Yes". It makes my application subject to 20,000 quota. However it contradicts the statement "Not Subject to H1B Quota" on the front page. Acc to USCIS website, the cap of 20000 was reached as of April 30 while my application was filed on May 1. Interestingly one lawyer from NY says that the CAP was hit on May 4. If so there is a slim chance. Once my OPT expires on Jun 9 and if there is not any decision regarding H1B, employment ends on June 9. If H1B gets decided and approved after June 10, I can come back and work but if it is denied, I have to get I20 (another status) within 60 days starting from June 9. However the start date on I20 does not have to be within 60 days from June 9, but the start date on I20 can not be more than 150 days from Jun 9. I have applied to schools as well and hope to get I20 within Aug 9 i.e. within 60 days of OPT expiration. If I get I20 issued as well as H1B also approved, I think I will have the option to choose anyone I want. If the start date on H1B had been Oct 1, 2007 and my OPT expires on Jun 9, then I need to be out of US during this time or get an I20 issued within 60 days of Jun 9 to cover for the time in between. IN my case the H1B start date has been put June 10. Need suggestions regarding my situation. Anybody been through like this? Need help guys.....
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