| Q. |
OPT with H1 approval
I am on F1 doing my masters in comp science & i was in CPT. But in april i have filed H1(General consumer processing) with one of the employer and my H1 is approved i am going to graduate in DEC 2008 after completing my MS am i eligible for OPT.My employer says i am eligible but i am not able believe them
User's Location:
los angeles, California, United States of America
Category:
Temporary Student Visa (F,M,J)
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| A. |
It sounds like your employer wants you to work for them, but they do not want to pay the higher wage required if you work as an H-1B under the labor condition application and I-129 petition they filed. I am not sure they can do that, because your employer filed a petition for you, requesting an October 1st start date, and promising to pay the prevailing wage for your H-1B job title as of that date. If they wish to withdraw the H-1B and keep you on OPT, that is up to them. The other option is to file an amended H-1B and request a later start date, but I am not sure that is the best thing to do either. Your employer/petitioner made certain attestations and promises in the H-1B petition, and they probably are legally bound to follow them, notwithstanding your eligibility for OPT. |
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Fredrick W. Voigtmann
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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